Orissa High Court

Bishnu Naik And Others vs State Of Odisha And Others on 18 March, 2025

Author: Arindam Sinha

Bench: Arindam Sinha, M.S. Sahoo

        IN THE HIGH COURT OF ORISSA AT CUTTACK

                            W.A. No.524 of 2024

     Bishnu Naik and others                 ....          Appellants

                                 -versus-
     State of Odisha and others             ....        Respondents

     Advocates appeared in this case:

     For Appellants        : Mr. S.K. Das, Advocate


     For Respondents       : Mr. Bimbisar Dash, Addl. Govt. Advocate

                            W.A. No.517 of 2024

     Aruna Kumar Naik and others            ....          Appellants

                                 -versus-
     State of Odisha and others             ....        Respondents

     Advocates appeared in this case:

     For Appellants        : Mr. S.K. Das, Advocate


     For Respondents       : Mr. Bimbisar Dash, Addl. Govt. Advocate

                            W.A. No.518 of 2024

     Jayadev Pradhan and others             ....          Appellants

                                 -versus-
     State of Odisha and others             ....        Respondents




W.A. no.524 of 2024 and batch                                 Page 1 of 10
      Advocates appeared in this case:

     For Appellants           : Mr. S.K. Das, Advocate


     For Respondents          : Mr. Bimbisar Dash, Addl. Govt. Advocate

                               W.A. No.565 of 2024

     Bishnu Naik and others                           ....               Appellants

                                       -versus-
     State of Odisha and others                       ....            Respondents

     Advocates appeared in this case:

     For Appellants           : Mr. S.K. Das, Advocate


     For Respondents          : Mr. Bimbisar Dash, Addl. Govt. Advocate


                                   CORAM:

            THE HON'BLE MR. JUSTICE ARINDAM SINHA,
                    ACTING CHIEF JUSTICE
                                             AND
                 THE HON'BLE MR. JUSTICE M.S. SAHOO

                                   JUDGMENT

------------------------------------------------------------------------------- Date of hearing and judgment:18th March, 2025

--------------------------------------------------------------------------------------

ARINDAM SINHA, ACJ.

1. Appellants claim to be similarly placed as petitioners in

W.P.(C) no.31679 of 2011 dealt with by a learned single Judge

of this Court on judgment dated 5th March 2020 reported in

2020(II) ILR-CUT-84 (Dhananjay Charan Dey v. State of

Orissa). Mr. Das learned advocate appears on their behalf and

submits, in Dhananjay Charan Dey (supra) petitioners were

working as Gana Shikshyaks, as were his clients. Drawing

attention to order dated 19th August 2014 issued by Zilla

Parishad, Ganjam, Chatrapur in pursuance of resolution dated

4th December 2013, his clients' service stood regularized as

'Zilla Parishad Teachers' on having completed six years as

Gana Shikshyaks. He adds, their regularization was on

reservation for Scheduled Castes/Scheduled Tribes (SC/ST)

and the Physically Handicapped (PH).

2. The other Gana Shikshayaks had filed the writ petition

with grievance that their period of service already rendered

since engagement had not been taken into consideration,

denying them benefit of the Career Advancement Policy i.e., to

be engaged as Junior Teacher on completion of 3 years of

service as Sikshya Sahayak and 3 years thereafter as Primary

School Teacher. In Dhananjay Charan Dey (supra) the

learned single Judge confirmed, inter alia, requisite period of

service for regularization as to be six years. Inter alia, relied

upon direction by paragraph-23 from the judgment in

Dhananjay Charan Dey (supra) is reproduced below.

"23. In view of such position, the absorption of 619 eligible trained graduate teachers as Sikshya Sahayaks, pursuant to resolution dated 17.11.2011 in Annexure-6, cannot sustain in the eye of law and they should be absorbed as Sikshya Sahayaks w.e.f.

03.05.2008, pursuant to resolution dated 16.02.2008 under Annexure-2, and extended all the benefits of regularization of service after three years of completion of service as junior teacher on 03.05.2011 and thereafter regular teacher w.e.f. 03.05.2014 and also entitled to get all the benefits as admissible to the post of Sikshya Sahayak."

(emphasis supplied)

State preferred appeal, dismissed by coordinate Bench on order

dated 2nd February, 2021. State took its challenge to the

Supreme Court. Said Court vide order dated 25th January

2023 made in Petition for Special Leave to Appeal (C)

no.13627/2021 (State of Odisha v. Dhananjaya Charan Dey,

disposed of it on expressing opinion that no interference is

called for with impugned order (of coordinate Bench). In the

circumstances, after the Supreme Court pronounced upon

requisite of six years of service as eligibility for regularization,

his clients were entitled to order on their writ petition. He seeks

interference in appeal.

3. Mr. Dash, learned advocate, Additional Government

Advocate appears on behalf of State. He draws our attention to

notification dated 4th January, 2024. He submits, this

notification was result of the controversy settled by the Supreme

Court on said order dated 25th January, 2023 (supra).

4. He submits further with reference to paragraph-7 of said

resolution dated 4th December, 2013, requisite academic

qualification mentioned in the paragraph is (+2 and above) to be

considered for Zilla Parishad Teachers, after completion of six

years as Gana Shikshyaks. The regularization was to be

deferred till date of acquiring said requisite qualification. This is

what was noticed by the learned single Judge in dismissing the

writ petition, to find that appellants did not have the requisite

qualification or that their qualification does not conform to

requisite qualification of Sikshya Sahayak as per Government

resolution no.587 dated 10th January, 2011. Hence, the learned

single Judge said, career advancement policy of the Sikshya

Sahayak cannot be applied to appellants.

5. Prayer in the writ petition filed before the tribunal (writ

petition subsequently dealt with by the learned single Judge on

transfer of it) is reproduced below.

"7. Relief(s) sought for :

Under the above circumstances, it is therefore humbly prayed that the Hon'ble Tribunal be graciously pleased to quash the order dated 30.11.2025 of the respondent no.3 under Annexure-7 and direct the respondents to allow the applicants to continue as Zilla Parishad teachers without any hindrance and to grant them all consequential service and financial service benefits."

Order dated 30th November, 2015 was issued withdrawing

regularization of appellants order dated 19th August, 2014. We

have ascertained that this order stood issued pursuant to

challenge made by members of the unreserved category

contending discrimination in, requiring eight years service from

them for regularization, while it was six years for the SC/ST

and PH categories. There is no material on record to show the

withdrawal of regularization order in respect of appellants was

made because they did not then have requisite qualification, as

acquired subsequent to reckoning of the six years service

period. This question on fact was not there as subject matter of

challenge in the writ petition.

6. We have also ascertained that petitioners in Dhananjay

Charan Dey (supra), who had together filed the writ petition

dealt with by the learned single Judge on no interference thereof

right up to the Supreme Court and, appellants before us are

similarly placed. Our ascertaining was on making query to Mr.

Dash, appearing for State. That being the position, State's

considered action taken pursuant to order dated 25th January,

2023 (supra) of the Supreme Court, of issuing aforesaid

notification 4th January, 2024, must apply also to appellants. We

do see from said order dated 25th January 2023 (supra), the

Supreme Court said that the impugned before it order had

merely affirmed the single Judge's decision that the respondent-

writ petitioners' service ought to be reckoned as regular from 3rd

May, 2008. Hence, there was no interference with direction

made by the learned single Judge for regularization of the

petitioners for being designated as regular teachers with effect

from 3rd May, 2014. Between 3rd May, 2008 and 3rd May, 2014

is period of six years. That is the confirmed period of requisite

service, irrespective of challenge on arbitrariness or recall of

said order dated 19th August, 2014 regularizing appellants after

they had put in six years of service. Thus the requirement under

resolution dated 4th December, 2013 became a requirement

across all categories.

7. Petitioners sought relief of restoration of their

regularization from 19th August, 2014. The learned single judge

said in impugned judgment, they stood regularized from 30 th

December, 2017 after their earlier regularization stood

withdrawn. We direct appellants' regularization to be with

effect from 19th August, 2014, in line with said notification

dated 4th January, 2024. Text of the notification is reproduced

below.

"Pursuant to the judgement dated 25.1.2023 of Hon'ble Apex Court passed in SLP(C) No.13627/2021 filed by State of Odisha Vrs. Dhananjay Charan Dey and others, for the smooth implementation of the said order dated 25.1.2023, the following modalities are defined.

1.The Ganasikshyaks having requisite qualification for engagement as Sikshya Sahayaks as on 03.05.2008 pursuant to Resolution No.673/SME dated 10.01.2008 of the School and Mass Education Department will be treated as Sikshya

Sahayaks. Those respondents who satisfy this criteria as per the orders of Hon'ble Supreme Court, will be covered by this notification.

2. After completion of 6 years of continuous and satisfactory service, they will be considered as regular Assistant Teacher w.e.f. dated 3.5.2014 and will continue as such up to dated 5.3.2020 notionally.

3. They shall be placed in the regular cadre of Orissa Elementary Teachers.

4. After regularization they will be treated as Assistant Teachers and salary shall be disbursed from EOM head.

5. Their period of service will be reckoned from 3.5.2008 and regular service from 3.5.2014 (subject to completion of 6 years continuous and satisfactory service) for the purpose of counting service period for further career advancement & terminal benefits including pension, if any.