Orissa High Court
Smita Mohanty & Ors vs State Of Odisha & Ors on 1 November, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P (C) No.5431 of 2022
Smita Mohanty & Ors. ..... Petitioners
Mr. G. Mishra, Advocate
Vs.
State of Odisha & Ors. ..... Opposite Parties
Mr. S. Jena, SC, S&ME Deptt.
CORAM:
DR. JUSTICE B.R. SARANGI
ORDER
01.11.2022
Order No. This matter is taken up through hybrid mode.
2. Heard Mr. G. Mishra, learned, learned counsel appearing
for the petitioners and Mr. S. Jena, learned Standing Counsel for
School & Mass Education Department.
3. The petitioners have filed this writ petition seeking to quash
the order dated 31.08.2021 under Annexure-5, by which the
District Education Officer, Sundargarh has rejected the grievance
of the petitioners to count their services rendered under H & UD
Department prior to taken over towards qualifying service for
extension of pensionary benefits in pursuance of the order dated
28.02.2004 passed by this Court in W.P.(C) No.6375 of 2021.
4. Mr. G. Mishra, learned, learned counsel appearing for the
petitioners contended that the petitioners had rendered their
services in the High Schools under the Urban Local Bodies of
Sundargarh district and subsequently, their services were taken
over by the State Government w.e.f. 28.02.2004. It is contended
that though the petitioners were treated as Government employees
w.e.f. 28.02.2004, but their past services rendered under the Urban
Local Bodies have not been taken into consideration for
pensionary benefit and other benefits by regularizing the said
period.
5. Mr. S. Jena, learned Standing Counsel for School & Mass
Education Department contended that the petitioners have
rendered two district and separate services. Admittedly, they were
working under the Urban Local Bodies of Sundergarh district and
by virtue of resolution dated 28.02.2004 of the Government, their
services were transferred to the School and Mass Education
Department and they were treated as Government employees.
Therefore, the period of their past services under the Urban Local
Bodies cannot be taken into consideration for determination of
pensionary benefit and other benefits. It is further contended that
similar case had come up for consideration before this Court in
Hara Priya Patra v. State of Odisha (WPC (OAC) No.2709 of
2016, disposed of on 25.08.2022), wherein it has been held that
regularization of services from the date of their initial appointment
under the Urban Local Bodies cannot be granted, but their services
can be regularized from the date the schools have been taken over
by the Government, i.e. 28.02.2004.
6. Considering the contentions raised by learned counsel for
the parties and after going through the records, it appears that the
petitioners were the employees under the Urban Local Bodies and,
as such, by virtue of Resolution dated 28.02.2004 of the
Government, the schools under the Urban Local Bodies were
taken over by the School and Mass Education Department w.e.f.
28.02.2004 and they were considered the teachers under the State
Government. Therefore, their past services rendered under the
Urban Local Bodies cannot be taken into consideration for
determination of pensionary benefits and other benefits in view of
judgment of this Court in Hara Priya Patra (supra). Accordingly,
the claim made by the petitioners cannot sustain in the eye of law.
7. In that view of the matter, the order dated 31.08.2021
Annexure-5 passed by the District Education Officer rejecting the
grievance of the petitioners is well justified. Therefore, this Court
is not inclined to entertain this writ petition. Accordingly, the writ
petition merits no consideration and the same is dismissed.
(DR. B.R. SARANGI)
JUDGE
Alok
