Orissa High Court
Goutam Kumar Patra And Ors vs State Of Odisha And Others ..... Opp. ... on 12 August, 2024
Author: Sashikanta Mishra
Bench: Sashikanta Mishra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 18799 of 2024
Goutam Kumar Patra and Ors ..... Petitioners
Mr. K.K. Swain, Adv.
-Versus-
State of Odisha and Others ..... Opp. Party
Mr. S.N. Pattnaik, AGA
CORAM:
THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA
ORDER
12.08.2024
Order No. 1. This matter is taken up through hybrid mode.
01. 2. Heard learned counsel for the petitioners and learned Addl.
Government Advocate for the State.
3. The petitioners have approached this Court seeking the following
relief:
"Under the above circumstances, it is humbly prayed that
the writ application be allowed;
And
(a) a writ of mandamus or an appropriate writ may be issued
commanding the Opposite Parties to treat the petitioners to be
absorbed as Sikshya Sahayak with effect from 2008 since the
petitioners are engaged in the vacant post of Sikshya Sahayaks
and are having the same qualification as that of the Sikshya
Sahayaks and are performing the same duty that is available for
Sikshya Sahayaks in a primary school as per the policy decision of
the State Government and accordingly to treat the petitioners as
Junior Teacher with effect from 2011 and Regular Primary School
Teacher with effect from 2014 instead of 01.03.2017, in terms of
the Resolution of the Government dated 16.02.2008 under
Annexure-1 and the carrier advancement policy formulated vide
resolution dated 10.01.2008 under Annexure-2 and so also
keeping In view the ratio decided in the case of Dhananjay Charan
Dey & Ors. Vrs. State of Orissa & Ors. reported in 2020 (II) ILR-
CUT-84, which has been upheld by the Division bench of this
Hon'ble Court in W.A. No. 10 of 2021, disposed of on 02.02.2021
and so also which has been confirmed by the Hon'ble Apex Court
in SLP(C) Nos. 13627 of 2021, decided on 25.01.2023 (State of
Odisha and Ors. Vrs. Dhananjaya Charan Dey and Ors.) within
a time to be stipulated by this Hon'ble Court;
And
(b) any other order/orders or direction/ directions be issued so as
to give complete relief to the petitioners;
And for this act of kindness, the petitioners shall as in duty
bound ever pray."
4. The case of the petitioners is that they were initially engaged as an
Education Volunteers under Education Guarantee Scheme (EGS). Upon
abolition of the said scheme, the Education Volunteers were
rehabilitated as Gana Sikshyakas under the Sarba Sikshya Abhijan of
the Government as per Resolution dated 16.02.2008. Subsequently, the
Government took a decision that the Career Advancement Policy of
Gana Sikshyakas will be worked out keeping in view the Career
Advancement Policy of Sikshya Sahayaks. It is claimed by the
petitioners that they should have been extended the benefit of Career
Advancement Policy being treated as Junior Teacher w.e.f. 2011 and
regular Teacher w.e.f. 2014. However, they were granted the benefit of
Level-V Asst. Teacher (Ex-cadre) as per order dated 01.01.2018 of the
District Education Officer, Boudh, copy enclosed as Annexure-9. The
petitioners strongly rely upon the judgment of this Court passed in
Dhananjay Charan Dey & Ors. vs. State of Orissa & Ors.1.
5. Since it is for the concerned authority to take a decision on the
grievance of the petitioners at the first instance, the writ petition is
disposed of granting liberty to the petitioners to approach the Secretary,
Department of School and Mass Education (Opposite Party No.1) by
submitting fresh representations individually highlighting their
grievances within a month and in such event the Secretary shall
consider and dispose of the representations of the petitioners as early as
possible, preferably within a period of three months thereafter.
(Sashikanta Mishra)
A.K. Rana Judge
1 Digitally Signed
2020(II) ILR-CUT- 84 Signed by: AJAYA KUMAR RANA
Designation: PERSONAL ASSISTANT
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 13-Aug-2024 19:02:35
