Ajaya Ku. Sahoo vs State Of Odisha & Others
2023 Latest Caselaw 15347 Ori

Orissa High Court

Ajaya Ku. Sahoo vs State Of Odisha & Others on 30 November, 2023

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

         IN THE HIGH COURT OF ORISSA AT CUTTACK

                       FAO No.636 of 2019
       Ajaya Ku. Sahoo                  ....                 Appellant
                                             Mr. K.K. Swain, Advocate

                              -versus-
       State of Odisha & Others
                                 ....                       Respondents
                                                 Mr. B.P. Tripathy, AGA

                          CORAM:
             JUSTICE BIRAJA PRASANNA SATAPATHY
                               ORDER

Order No.                    30.11.2023
      03. 1.   This matter is taken up through                  Hybrid

Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel appearing for the Parties.

3. The present appeal has been filed challenging the judgment dtd.12.02.2019 so passed by the learned State Education Tribunal, Odisha, Bhubaneswar in GIA Case No.401 of 2015.

4. It is contended by the learned counsel for the Appellant that the prayer of the appellant for approval of his services as against the post of Night Watchman-cum- Sweeper was rejected only on the ground that he has been appointed on 25.07.2008 in violation of the Rules contained under Orissa Selection Board (Education Circle) Recruitment Rules, 1994.

4.1. Learned counsel for the Appellant contended that the aforesaid rules is applicable with regard to the appointment of Teachers selected by the selection board and it does not cover the case of the appellant who is admittedly was // 2 //

appointed as a Night Watchman-cum-Sweeper, which is not a teaching post.

4.2. It is accordingly contended that the ground on which the claim of the appellant was rejected by the Tribunal relying on the provisions contained under 1994 Rules is not sustainable in the eye of law and it requires interference of this Court.

5. Learned Addl. Government Advocate for the State also fairly contended that the aforesaid 1994 Rules is not applicable to the case of the appellant as he was appointed as against a non-teaching post i.e. against the post of Night Watchman-cum-Sweeper.

6. Having heard learned counsel for the parties and considering the submissions made, this Court is of the view that since the provisions contained under the aforesaid 1994 Rules is not applicable to the case of the appellant, who is admittedly appointed as a Night Watchman-cum- Sweeper, which is a non-teaching post, this Court is inclined to quash the impugned judgment passed by the Tribunal on 12.02.2019 in G.I.A Case No.401 of 2015. While quashing the same, this Court remits the matter to the Tribunal to decide the matter afresh in accordance with law and dispose of the same within a period of six(6) months from the date of receipt of this order, if there is no other legal impediement.

7. Accordingly, the FAO stands disposed of.

(Biraja Prasanna Satapathy) Judge

// 3 //

Subrat

Location: HIGH COURT OF ORISSA, CUTTACK