The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C ) No.29775 of 2023 Gobinda Chandra Shaw …. Petitioner Mr. D.N.Rath, Adv. -versus- State of Odisha & Others …. Opp. Parties Mr. B.P. Tripathy, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 31.10.2023
Decision
Order No 6. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel for the parties. 3. The Petitioner has filed the present Writ Petition inter alia with the following prayer. “Under the above circumstance, it is therefore humbly prayed that this Hon’ble Court may be graciously pleased to issue a writ in the nature of writ of mandamus or any other appropriate writ, direction or order by quashing the show cause notice issued by opposite party no.4 dated 05.04.2023 under Annexure-9 in view of the permission granted by opposite party no.5 dated 04.01.2018 under Annexure-6, the certificate issued on 15.01.2019 under Annexure-7 and the clarification issued by the National Institute of Open Schooling dated 08.06.2023 vide Annexure-10 to the Writ Petition. And this Hon’ble Court be further pleased to direct the opposite parties, more particularly Opposite Parties 3 to 5 to continue extending the service and financial benefits to +2 qualified Gana Sikhyaks in favour of the petitioner, as has been extended vide order dated 07.06.2019 under Annexure-8 to the Writ Petition and which the petitioner was getting till the show cause notice was issued on 05.04.2023.” 4. It is contended that the Petitioner while continuing as an Education Volunteer basing on the resolution issued by the Government on 16.02.2008, the Petitioner was // 2 // appointed as a Gana Sikshyak. It is contended that as per the said resolution issued by the Government on 16.02.2008, disengaged Education Volunteer with having qualification of Trained Matric/+2 with C.T were eligible to be engaged as Gana Sikshyak. 4.1. It is contended that even though the Petitioner at the relevant point of time was having the trained Matric qualification which is not at all disputed, but he produced a +2 certificate in support of his acquiring the +2 qualification. Taking into account the said +2 qualification, Petitioner while being engaged as a Gana Sikshyak was extended with the benefit of higher remuneration. However, subsequently, when it was found that the +2 certificate produced by the Petitioner is not equivalent, the Petitioner while being allowed to draw the remuneration meant for trained matric Ganasikshyak at Rs.6400/- w.e.f 01.05.2018, Petitioner was allowed to prosecute +2 through National Institute of Open Schooling vide letter dt.04.01.2018 of the District Project Coordinator, SSA, Balasore vide Annexure-6. It is contended that the Petitioner never objected to receive the trained Matric scale of pay and the excess amount drawn by him towards higher scale of pay was also recovered from him amounting to Rs.28,790/-. 4.2 It is contended that while the matter stood thus, the Petitioner has been issued with the impugned show-cause on 05.04.2023 under Annexure-9 wherein he has been Page 2 of 5 // 3 // directed to submit his reply or else disciplinary action will be initiated against him. 4.3. Learned counsel for the Petitioner contended that the Petitioner was having the requisite qualification to get the benefit of appointment as a Ganasikshyak in terms of resolution dt.16.02.2008 and he was also so engaged. But Petitioner was extended with the benefit of higher remuneration taking into account the +2 certificate produced by him. The said qualification when was found to be not equivalent to +2, the amount received by him towards higher remuneration was recovered by the opposite parties to the tune of Rs.28790/-. The Petitioner thereafter was allowed to draw the remuneration meant for Trained Matric Ganasikyak which the Petitioner never objected to. Not only that, Petitioner in the meantime was also allowed to prosecute +2 through National Institute of Open Schooling under Annexure-6 and the Petitioner has also acquired the +2 qualification, the result of which has been published dt. 15.01.2019 vide Annexure-7. It is contended that in view of such development, the impugned show-cause under Annexure-9 is not sustainable in the eye of law. 5. Mr. B.P. Tripathy, learned Addl. Govt. Advocate on the other hand made his submission basing on the stand taken in the counter affidavit so filed by Opp. Party No.4. It is contended that the Petitioner when was engaged as Education Volunteer in terms of resolution dt.16.02.2008 under Annexure-A/4, since he produced Page 3 of 5 // 4 // the +2 certificate in support of his acquiring +2 qualification, the Petitioner was extended with the benefit of higher remuneration. But subsequently when it was found that the +2 certificate produced by the petitioner is not equivalent to the +2 qualification; the excess payment paid to the Petitioner towards higher remuneration was recovered from him. The Petitioner thereafter was permitted to prosecute +2 under National Institute of Open Schooling for the session 2017-1018 vide letter dt.04.01.2018 under Annexure-C/4. However taking into account the publication of a news item in the local daily, with regard to the illegal conduct of the Petitioner, the impugned show-cause has been issued to him. 6. Having heard learned counsel for the parties and after going through the materials available on record, it is found that Petitioner while continuing as an Education Volunteer, he was engaged as a Gana Sikshyak in terms of resolution dt.16.02.2008. From the said resolution, it is found that for such engagement as Gana Sikshyak, an Education Volunteer must possess the qualification of Matric C.T/+2 with C.T. There is no dispute that the Petitioner at the time of such appointment as Gana Sikshyak was having matric C.T qualification and he was extended with the benefit of higher remuneration, taking into account the certificate produced by him towards acquiring the +2 qualification. 6.1. Subsequently, when the authorities found that the +2 certificate produced by the Petitioner is not equivalent Page 4 of 5 // 5 // to +2 qualification, excess payment made toward higher wages was recovered from him. Petitioner was also permitted to prosecute +2 in the National Institute of Open Schooling which the petitioner has already acquired as reflected from Annexure-7. In view of such position, it is the view of this Court that there is no necessity to issue a fresh show cause as has been issued on 05.04.2023 under Annexure-9. 6.2. Therefore, this Court is inclined to interfere with the show-cause so issued under Annexure-9 and quash the same. However, this Court is of the view that since the Petitioner knowingly produced a certificate which is not equivalent, the Petitioner will be allowed to continue with the remuneration prescribed for trained Matric Ganasikhyak for another period of 12 months starting from November, 2023. On completion of the period of 12 months, Petitioner will be extended with the benefit of higher remuneration taking into account his acquiring the +2 qualification under Annexure-7. With the aforesaid observation and direction, the Writ Petition is disposed of. Signature Not Verified Digitally Signed sangita Signed by: SANGITA PATRA Reason: authentication of order Location: high court of orissa, cuttack Date: 02-Nov-2023 11:21:00 (Biraja Prasanna Satapathy) Judge Page 5 of 5