Orissa High Court
Arun Kumar Joshi And vs State Of Odisha & Others .... Opp. ... on 21 April, 2025
Author: M.S.Sahoo
Bench: M.S.Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 29422 of 2024
Arun Kumar Joshi and .... Petitioners
others
Mr. J.R. Khuntia, Advocate
-versus-
State of Odisha & Others .... Opp. Parties
Mr. S. Swain, AGA
CORAM:
JUSTICE M.S.SAHOO
ORDER
21.04.2025
Order No. Hybrid Mode
2. 1. The matter was listed before this Bench in the weekly list
dated 16.04.2025 and orders were dictated in the open Court
disposing of the writ petition at the stage of fresh admission.
After detailed order was typed and perused it was felt that
certain clarifications are necessary. The matter was directed
to be listed marked as 'To Be Mentioned'.
Today the matter is listed and taken up. After hearing the
learned counsel for petitioners as well as learned AGA, the writ
petition is disposed of by order that follows.
2. It is submitted by the learned counsel for the petitioners
that the petitioners are all working at present as Level-V
Assistant Teachers (Ex-cadre) in the district of Nuapada,
engaged in different schools of the district in the establishment
of O.Ps.No.4 and 5. It is submitted that the petitioners are
eligible and entitled to be regularized as regular primary school
teachers, the opposite parties are not considering their case for
such regularization. The petitioners allege inaction on part of
the authorities.
3. Referring to paragraphs 5 and 6 of the writ petition the
learned counsel submits that as has been averred the
petitioners are qualified and trained as they have acquired
intermediate degree as well as the C.T. (Certificate of Teacher)
training.
Learned counsel refers to Annexure-1 that is resolution
dated 16.02.2008 issued by the Government of Odisha, School
and Mass Education Department which provides for manner of
rehabilitation of education volunteers in E.G.S. centres who
have been disengaged or facing disengagement under
Education Guaranteed Scheme. Learned counsel for the
petitioners relies on the paragraphs 2 & 3 of the resolution
which are reproduced herein :
"2. Such disengaged Education Volunteers who are trained
(Matric, 10th (H.S.C.)/+2 with C.T., B.A./B.Sc./B.Com. with
B.Ed.) will be engaged as Gana Sikshyaka with a
consolidated remuneration of Rs.2000/- per month. Those
who are untrained (Minimum qualification of Matric, 10 th
(H.S.C.E.)+2) will be engaged with a consolidated
remuneration of Rs.1750/- per month.
3. Such disengaged Education Volunteers who are having
10th qualification (H.S.C. Examination) will have to acquire
+2 qualification within a period of 3 years from their
engagement as "Gana Siskhyaka" to be considered eligible
for C.T. Training. Those who are having +2 minimum
qualification will be allowed to complete C.T. Training on a
distance mode either through IGNOU or from the Directorate
of TE & SCERT within a period of 3 years. And after
completion of C.T. Training the "Gana Sikshyak'' will be
eligible to get consolidated remuneration of Rs.2000/- from
the date of passing C.T. Training."
4. Further, the resolution dated 10th January, 2008
(Annexure-5) issued by the Government of Orissa, Department
of School & Mass Education Department is relied on by the
learned counsel to contend that the paragraphs-10 and 12.1 of
the said resolution entitle the petitioners to be regularized as
Junior Teachers. The relied upon paragraphs-10 and 12.1 of
the said resolution are reproduced herein :
"10. The Sikshya Sahayak (SS) after completion of 3
years of continuous satisfactory engagement will be
eligible for appointment as Junior Teacher by the Zilla
Parishad on contractual basis with consolidated
remuneration of Rs.3500/- per month with effect from
1st December 2007.
The following conditions must be fulfilled by the
Sikhya Sahayak for appointment as Junior Teachers by
the Zilla Parishad, namely :-
i) The Sikshya Sahayak (SS) must have rendered 3
years of continuous service satisfactorily from the
date of engagement;
ii) The Sikshya Sahayak (SS), must have ensured
90% attendance of children in respective schools in
all classes;
iii) The Village Educating Committee must have given
positive certificates about attendance and
performance of the SS in the schools for the last 3
years;
iv) The Sikshya Sahayak (SS) must not have any
adverse reports during last 3 years of service in the
school as SS. They must have ensured Mimnimum
Level of Learning (MLL) for the students as prescribed
by the competent authority; and
v) The Sikshya Sahayak (SS) must have reduced the
drop out of children of Primary and Upper Primary
School to below 10%.
10.1 Candidates not fulfilling the criteria contained
in para-10 above shall not be considered for appointment
as junior teachers by the Zilla Parishad.
10.2 The eligibility conditions specified in para-10 shall
not apply to 7855 numbers of SSS engaged during the
year 2001."
xxx xxx xxx
"12.1. The Junior Teachers after completion of 3 years
of continuous satisfactory engagement as such under Zilla
Parishads will be eligible for appointment as regular
primary school teachers by the Zilla Parishads with effect
from 1st April 2008 on the basis of the number of
vacancies to be transferred from the existing District Cadre
to the Zilla Parishad cadre and subject to the fulfilment of
following conditions.
(i) The Junior Teachers must have rendered at
least 3 years of service as such satisfactorily with
an unblemished records.
(ii) They must have ensured 90% attendance of
Children in their respective schools in all classes.
(iii) They must have been given positive
certificate by the Village Education Committee about
regular attendance and satisfactory teaching. They
must have ensured Minimum Level of Learning (MLL)
for the students as prescribed by the competent
authority.
(iv) They must have reduced the dropout of
children on the schools below 10%.
12.2 Notwithstanding anything to the
contrary in Para-12.1, a Sikhya Sahayak after completion
of 6 years of continuous satisfactory engagement as
Sikhya Sahayak and Junior Teacher, taken together, as
on 1st April, 2008, shall be eligible for appointment as
Regular Primary School Teacher."
5. Learned AGA upon advance copy served appears and
waives notice on behalf of opposite parties.
In response, he refers to the notification annexed to the
writ petition marked as Annexure-8, i.e. Government of Odisha,
School and Mass Education Department notification dated
4.1.2024, which provides for implementation of the judgment
dated 25.1.2023 passed by the Hon'ble apex Court in SLP (C)
No. 13627/2021 (State of Odisha v. Dhanajay Charan Dey).
It is submitted by the learned AGA that if the petitioners
seek regularization in the service as Level-V Assistant Teachers
they have to satisfy the six conditions as are indicated in
notification dated 4th January, 2024 and their cases can only
be considered as per those criteria.
It is submitted by the learned AGA that since the matter
has been listed for fresh admission, he does not have
instruction regarding the status of the petitioners whether they
have made any representation or whether they have already
been considered or not for regularization as contended.
6. At this stage, learned counsel for the petitioners submits
that for consideration of their case for regularization as
Assistant Teacher Level-V, petitioners wish to make individual
representations to the authority which are to be considered,
inter alia, in terms of the Annexure-1, Annexure-5 and
Annexure-8 (supra) along with all other applicable notification,
relevant rules and circulars.
7. Learned AGA in response submits that any representation
that would be made, would be considered by the authority in
terms of the prevailing rules and circulars and statutes
including the notification dated 4.1.2024 for implementation of
the judgment of the Supreme Court in Dhananjay Charan Dey
(supra).
8. Having heard learned counsel for the petitioners and the
learned AGA and considering materials on record, it is directed
that the petitioners, if so advised, shall make detailed
representation individually stating their individual cases and
claims for regularisation as Assistant Teacher Level-V before
appropriate authority supported by all documents they seek to
rely upon. Upon the representations being made by the
petitioners individually along with copy of this order, authority
shall do well to consider the same and take decision in
accordance with law as expeditiously as possible.
9. It is clarified that this Court has not expressed any opinion
on the merits of the case or regarding contentions of the parties
to the petition.
10. Accordingly, the writ petition is disposed of.
(M.S.Sahoo)
Judge
dutta
