Dhananjay Charan Dey v. State of Orissa)
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.524 of 2024 Bishnu Naik and others …. Appellants State of Odisha and others …. Respondents -versus- 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 State of Odisha and others …. Respondents -versus- Advocates appeared in this case: For Appellants
Legal Reasoning
: Mr. S.K. Das, Advocate For Respondents : Mr. Bimbisar Dash, Addl. Govt. Advocate W.A. No.518 of 2024 Jayadev Pradhan and others …. Appellants State of Odisha and others …. Respondents -versus- 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 State of Odisha and others …. Respondents -versus- 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 J U D G M E N T ------------------------------------------------------------------------------- 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 W.A. no.524 of 2024 and batch Page 2 of 10 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 W.A. no.524 of 2024 and batch Page 3 of 10 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 W.A. no.524 of 2024 and batch Page 4 of 10 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. W.A. no.524 of 2024 and batch Page 5 of 10 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 W.A. no.524 of 2024 and batch Page 6 of 10 period. This question on fact was not there as subject matter of
Decision
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 W.A. no.524 of 2024 and batch Page 7 of 10 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 30th 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 W.A. no.524 of 2024 and batch Page 8 of 10 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. 6. As the period of regular service counts after 1.1.2005, they shall be covered under NPS. This has been concurred in Finance Department File No.FIN-SOS1-CASE-0127-2023.” W.A. no.524 of 2024 and batch Page 9 of 10 We make this direction because by the notification State implemented requisite period of service to be 6 years and earlier, regularization order dated 19th August, 2014 was issued pursuant to appellants having had rendered service for the requisite period. Thus prayer in the writ petition stands allowed. Needless to mention, consequence of our direction on entitlement to arrears and benefits must be given effect within period of eight weeks from date of communication made of certified copy of this judgment. 8. The appeals are disposed of. (Arindam Sinha) Acting Chief Justice (M.S. Sahoo) Judge dutta/Madhusmita Signature Not Verified Digitally Signed Signed by: AJIT KUMAR DUTTA Reason: Authentication Location: ohc Date: 20-Mar-2025 15:17:00 W.A. no.524 of 2024 and batch Page 10 of 10