Orissa High Court
Prakash Kumar Mallick And Others vs State Of Odisha & Others .... Opp. ... on 20 June, 2024
Author: Sashikanta Mishra
Bench: Sashikanta Mishra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 12585 of 2024
Prakash Kumar Mallick and Others .... Petitioners
Represented by
Mr. J.R. Khuntia, Advocate
.
- Versus -
State of Odisha & others .... Opp. Parties
Represented by
Mr. S.N. Patnaik, AGA
CORAM:
THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA
ORDER
20.06.2024
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 any other appropriate writ,
direction or order by directing the Opposite Parties to
treat the petitioners to be absorbed as Sikshya Sahayak
with effect from 08.07.2008 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 08.07.2011 and Regular Primary School
Teacher with effect from 08.07.2014 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-5 and also keeping in view the
ratio decided by this Hon'ble Court in the case of
Dhananjaya Charan Dey Vrs. State of Orissa and others,
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 Supreme 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 are 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
Carrer 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 Carrer 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 orders dated 30.12.2017 and 20.10.2017
of the District Education Officer, Jajpur, copy enclosed as
Annexure-7 series. The petitioners strongly rely upon the judgment
of this Court passed in Dhananjay Charan Dey & Ors. vs. State
of Orissa & Ors1 .
2020(II) ILR-CUT-84
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)
Judge
B.C.Tudu
Signed by: BHIGAL CHANDRA TUDU
Designation: Senior Stenographer
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 21-Jun-2024 18:50:06
