Sunanda Gochhayat And Others vs State Of Odisha & Others .... Opp. ...
2024 Latest Caselaw 10270 Ori

Orissa High Court

Sunanda Gochhayat 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. 7593 of 2024

            Sunanda Gochhayat and Others                     ....             Petitioners

                                                                    Represented by
                                                            Mr. P. Panda, Advocate
                                                                                 .
                                           - Versus -
            State of Odisha & others                          ....        Opp. Parties
                                                                      Represented by
                                                                 Mr. A.R. Dash, 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:

"It is therefore, most humbly prayed that this Hon'ble Court may graciously be pleased to:-

i) Admit the writ application;

ii) Call for the records;

iii) Issue rule Nisi calling upon the Opp. Parties to show cause as to why the petitioners shall not be considered to avail the benefit of Sikshya Sahayak pursuant to the Resolution dtd. 16.02.2008 & career advance policy dtd.

01.08.2011, Failing to show cause or showing insufficient cause/no cause, issue the writ of mandamus directing the Opp. Party No.1 to consider the case of the Petitioners in the light of judgement dtd. 05.03.2020 in the case of Dhananjay Charan Dey and others Vrs. State of Odisha and others in W.P.(C) No. 31679 of 2011 which nis upheld in the Hon'ble Apex Court vide order under Annexure-8, extending the all consequential service benefits pursuant to the carrier advancement policy dtd. 01.08.2011 regularizing the petitioners with effect from 03.05.2014, the date on which 6

years of service completed.

iv) And/or pass such other order/orders, direction/directions as this Hob'ble Court may think fit and proper for the ends of justice;

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 order dated 27.01.2018 of the District Education Officer, Mayurbhanj, Baripada, copy enclosed as Annexure-7. The petitioners strongly rely upon the judgment of this Court passed in Dhananjay Charan Dey & Ors. vs. State of Orissa & Ors1.

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

2020(II) ILR-CUT-84

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