Orissa High Court
Kapilash Chandra Das & Ors vs State Of Odisha & Ors on 11 September, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.26499 of 2023
Kapilash Chandra Das & Ors. .... Petitioner
Mr. D.K. Sahu, Adv.
-versus-
State of Odisha & Ors. .... Opposite Party
Mr. D. Mund, AGA
CORAM:
DR. JUSTICE S.K. PANIGRAHI
ORDER
Order 11.09.2023
No.
03. 1. This matter is taken up through hybrid
arrangement.
2. In this Writ Petition, the Petitioners make the
following prayer:
"In the above facts and circumstances, the
petitioner humbly prays that this Hon'ble Court
may be graciously pleased to issue a Writ/Writs in
the nature of Writ of Mandamus directing the
Opposite Parties to extend the benefit s of the
judgment dtd. 05.03.2020 passed in W.P.(C)
No.31679 of 2011 i.e. to absorb the petitioners as
Sikhya Sahayakas w.e.f. their date of engagement
under Annexure-1 Series i.e. dtd. 28.06.2008
pursuant to resolution dtd. 16.02.2008 and to
extend all the benefits of regularization of service
after three years of completion of Service as Junior
Teacher and thereafter regular Teacher after three
years and to give all the benefits as admissible to
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the post of Sikhya Sahayakas in the light judgment
of Dhanjaya Charan Dey -Vrs- State of Orissa,
within a stipulated time.
And, further be pleased to pass such other
order/orders, direction/directions as deemed fit
and proper in the interest of Justice."
3. Fact of the case remains; Petitioners were initially
engaged as Education Volunteer under the Education
Guarantee Scheme. Upon abolition of such scheme, as per
the Government Resolution dated 16.02.2008, all the
Petitioners were rehabilitated as Gana Sikshyak in the
year 2008 under the Sarba Sikshya Abhijan (S.S.A).
Thereafter, the Petitioners being appointed as Gana
Sikshyak filed this Writ Petition seeking a direction from
this Court to the Opposite Parties for allowing them to be
absorbed as "Sikshya Sahayak" with effect from
16.02.2008. Apart from this, on the selfsame issue the
Petitioners have also ventilated their grievance before the
Opposite Party No.1 through a representation.
4. Learned counsel for the Petitioners submits that
such representation of the Petitioners was disposed of by
the Opposite Party No.1 with a conditional order that the
same is subject to the final outcome in SLP(C) No.13627
of 2021, which was preferred by the School and Mass
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Education Department challenging the order passed in
W.A. No.10 of 2021.
5. Learned counsel for the Petitioners, at this stage,
submits that the above noted SLP(C) has already been
disposed in the meantime thereby affirming the
judgment dated 05.03.2020 passed in W.P.(C) No.31679 of
2011.
6. In the circumstance, learned counsel for the
Petitioners sought for a direction from this Court to the
Opposite Parties for considering the case of the
Petitioners in terms of the judgment dated 05.03.2020
passed in W.P.(C) No.31679 of 2011 (Dhananjay Charan
Dey & Ors. -vrs.- State and Ors.), which has been
affirmed by the Division Bench of this Court vide order
dated 02.02.2021 in W.A. No.10 of 2021.
7. Learned counsel for the State concedes the
submissions made by the learned counsel for the
Petitioners.
8. In view of the submissions made by the learned
counsel for the Parties, this Writ Petition is disposed of
being allowed. However, the authorities shall examine
the facts and circumstances of the present Writ Petition in
the light of the judgment dated 05.03.2020 passed in
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W.P.(C) No.31679 of 2011 (Dhananjay Charan Dey &
Ors. -vrs.- State and Ors.) and if it covers the issue
involved in the present case, consider the case of the
Petitioners.
9. Accordingly, this Writ Petition is disposed of.
(Dr. S.K. Panigrahi)
Judge
Ayaskanta
Signature Not Verified
Digitally Signed
Signed by: AYASKANTA JENA
Designation: Senior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 14-Sep-2023 18:13:15
