Orissa High Court
Srimanta Kumar Panda And Another vs State Of Odisha And Others on 3 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No. 1353 of 2022
Srimanta Kumar Panda and another .... Appellants
Mr. Jayant Kumar Rath, Senior Advocate
-versus-
State of Odisha and others .... Respondents
Mr. M.K. Khuntia
Additional Government Advocate
CORAM:
THE CHIEF JUSTICE
JUSTICE G. SATAPATHY
ORDER
Order No. 03.05.2023
02. 1. The present writ appeal is directed against an order dated 18th
July, 2022 passed by the learned Single Judge dismissing W.P.C
(OAC) No.2193 of 2014 and batch of cases whereby the plea of the
present Appellants, who are the Accountants working in the
Kasturba Gandhi Balika Vidyalayas (KGBV) were praying for the
regularization of their services. It appears that another set of
employees, namely, part-time Teachers, Cooks and Watchmen were
engaged in the same institutions, had earlier filed a separate writ
petition before the learned Single Judge, i.e., W.P.(C) No.25385 of
2014 which came to be dismissed on 21st December, 2017. The writ
appeal against that judgment was also dismissed by the Division
Bench on 6th March, 2019 in W.A. No.159 of 2018.
2. The learned Single Judge has chosen to follow the
aforementioned orders of the coordinated Bench in rejecting the
plea of the present Appellants. Although it was sought by Mr.
Jayant Kumar Rath, learned Senior Counsel appearing for the
Appellants that the case of the Appellant/Accountants stood on a
different footing from the other class of employees, the fact remains
that their engagement was only on casual basis and created no
vested right for regularization.
3. One of the issues discussed in the earlier judgment dated 21st
December, 2017 by the learned Single Judge in W.P.(C) No.25385
of 2014 and batch was the legal validity of the decision dated 17th
July, 2014 of the State Project Director to remove the male staff
engaged in the KGBVs which were 750 in number with boarding
facilities at elementary level "for girls belonging predominantly to
the SC, ST, OBC and minorities in difficult areas". It was noted that
the Schools might have to be set up in areas with concentration of
tribal population with low female literacy with the large number of
girls out of school. The objective was to ensure access and quality
education to the girls of the disadvantaged groups. It was
accordingly decided that preferably only female staff should be
deputed as concern was set up about male Teachers and
Accountants "having access to living quarters of girls". In that view
of the matter, the rational regarding disengagement of male staff
which applied to other posts of male cooks, drivers, etc., will
equally apply to the accountants like the present Appellants. With
the said decision already having been affirmed by the learned
Single Judge and the said judgment having been further confirmed
by the Division Bench, the case of the present Appellants could not
be placed on a different footing as urged.
4. Having heard Mr. Rath, learned Senior Counsel appearing for the
Appellants, the Court is unable to be persuaded that the learned
Single Judge has in the impugned judgment committed any error
that calls for interference.
5. Accordingly, the present writ appeal is dismissed.
(Dr. S. Muralidhar)
Chief Justice
(G. Satapathy)
Judge
S. Behera
SUMANTA Digitally signed by
SUMANTA BEHERA
BEHERA Date: 2023.05.04
11:20:23 +05'30'
