The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WPC(OA) No.847 of 2016 Kali Pattanik …. Petitioner State of Odisha and Ors. …. Opposite Parties -versus- Advocates appeared in the case through Hybrid Mode: For Petitioner : Mr. Niroj Kumar Mahapatra, Adv. For Opposite Parties. : Mr. H.K. Panigrahi, ASC CORAM: DR. JUSTICE S.K. PANIGRAHI DATE OF HEARING:-19.07.2023 DATE OF JUDGMENT: -24.08.2023 Dr. S.K. Panigrahi, J. 1. The Petitioner through this Writ Petition seeks a direction from this Court to the Opposite Parties for regularisation of her post and granting financial benefits attached to the post. I. 2. 3. FACTUAL MATRIX OF THE CASE: In 2011, an advertisement was issued for filling up of Teacher Educators from amongst in-service candidates. The petitioner along with others applied for such post through proper channel and she was also permitted by the authority to appear at the required test. In such process of selection, the petitioner could not be selected in 2011 as she did not have the necessary service Signature Not Verified
Legal Reasoning
Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Sep-2023 15:30:22 Page 1 of 9 experience which fell short the selection criteria by 3 months. Pursuant to another advertisement in 2015 for the same post, she again participated in the regular procedures of selection and was selected. The batch mates of the petitioner have been regularized in service on completion of 6 years of contractual engagements. However, her case was not considered by the authority. Initially the petitioner joined as a Contractual Trained Graduate Teacher under ST & SC Development Department on 01.07.2008. Being aggrieved, the petitioner has filed this Writ Petition. II. PETITIONER’S SUBMISSIONS: 4. Learned counsel for the Petitioner(s) earnestly made the following submissions in support of their contentions: 5. All other similar situated teachers have been regularized on completion of 6 years of contractual engagement. She has continued till 09.07.2015 in the department. After being selected she has come over to the School and Mass Education Department. 6. As such her service under ST & SC Development Department is liable to be regularized w.e.f 01.07.2014 and she is entitled for all financial service benefits from 01.07.2014 till 09.07.2015. As such, in her subsequent joining in School and Mass Education Department her post/service and pay can be protected. Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Sep-2023 15:30:22 Page 2 of 9 7. Similarly, the Government in principle has decided to extend the benefit of G.P to all contractual employees from 12.08.2014. At the relevant point of time, the petitioner is entitled to Rs.4200/- G.P in pay scale of Rs.9300-34,800/-. Such benefit also has not been extended in favour of the petitioner. III. SUBMISSIONS OF OPPOSITE PARTY NO.1 AND 2: 8. Per contra, learned counsel for the Opp. party intently made the following submissions: 9. The petitioner was engaged as Contractual Asst. Teacher, Govt. (SSD) Girls High School, Gudari under ST & SC Development Department after due selection by the District Authority, Rayagada in the year 2008 and joined as such on 1.7.2008. During her period of contractual service, one advertisement was published in the year 2011 for filling up of the Teacher Educators by S & ME Department, wherein the petitioner had applied for the post. Subsequently the petitioner was selected for the post of Teacher Educator under S & ME Department and she was relieved from the contractual post of Asst. Teacher under ST & SC Development Department on 9.7.2015 (AN). Thus, the petitioner after serving as contractual Asst. Teacher under ST&SC Development Department from 1.7.2008 to 9.7.2015 left the contractual engagement under ST & SC Development Department. Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Sep-2023 15:30:22 Page 3 of 9 10. Thereafter, the Government in ST & SC Development Department regularised the contractual teaching and non- teaching staff working under ST & SC Development Deptt. Schools those who have completed 6 years service and who were continuing in contractual service with the Department w/r to GA Deptt. Resolution dated 17.9.2013 through a High Power Committee, chaired by the Commissioner-cum- Secretary. The HPC held on December, 2015 considered all the contractual teaching and non-teaching staff who were continuing their contractual services under the Department as per the above rules for their service regularisation. The Petitioner who had already terminated her contractual engagement with the ST&SC Development Department was no longer eligible to be considered for regularisation, as per the Government rules. Accordingly the Govt. ST & SC Development Deptt. issued an Office order on 27.2.2016 regularising the eligible contractual staff and thereby allowing grade pay to the corresponding pay of the contractual staff w.e.f. their dates of completion of 6 years of service. The petitioner cannot avail the benefits of regularisation since she had terminated her contractual services with the ST & SC Development Department. 11. In the year 2011, an advertisement was published for filling up of Teacher Educator posts under S & ME Deptt. The Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Sep-2023 15:30:22 Page 4 of 9 petitioner had applied for the above post and got selected for the above post. Subsequently she joined as Teacher Educator under S & ME Deptt. terminating her contractual engagement under ST & SC Development Department 09.07.2015. As such, the HPC held during December, 2015 considered those teaching and non-teaching staff who were continuing their services under ST & SC Development Deptt. for regularisation. The case of the Petitioner cannot be considered since she was no longer serving as contractual teaching staff under ST & SC Development Deptt. 12. The petitioner, who entered into service on contractual basis as TGT having B.A B.Ed. Qualification as per Office Order dtd.30.6.2008, has sought for a direction to regularize her service w.e.f 1.7.2014 when she completed 6 years of contractual service under ST and SC Development Department (Opp. Party No.1). In course of hearing, on 10.1.2023, the petitioner made a submission that some persons, who were serving under ST and SC Development Department, had been regularized on completion of 6 years of service. Accordingly, this Court has been pleased to direct to provide instruction whether the petitioner’s grievance is identical to the persons who have been given with such benefits. Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Sep-2023 15:30:22 Page 5 of 9 13. While the matter stood thus, pursuant to an advertisement in the year 2011 floated by School and Mass Education Department, the petitioner appeared in the recruitment test under School and Mass Education Department and, accordingly, before her service was regularized as per G.A Department on 17.9.2013, the petitioner left her contractual job under SC and ST Development Department and, accordingly, he was relieved as per the order dated 9.7.2015 vide Annexure-6 to the Writ Petition. Then he joined as "Teacher Educator" as per Office Order dated 18.6.2015 under School and Mass Education Department. 14. The contractual rule for regularization of Group-C & D employee came up by way of resolution issued by the G.A Department Resolution dated 17.9.2013 and accordingly, the High Power Committee was held on December, 2015. Considering the gradation list of existing contractual employee working under SC and ST Development Department, those who were continuing as on the date of the High Power Committee, their cases were taken up for consideration of regularization. Since the petitioner by that time had already left her contractual job under ST and SC Development Department and taken up the fresh appointment under S & ME Department pursuant to the office order dtd.18.6.2015, the petitioner was not considered for Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Sep-2023 15:30:22 Page 6 of 9 regularization on completion of 6 years. It may be mentioned here that, as would reveal from the office order dated10.4.2015 issued by the SC and ST Development Department, there are as many as 140 contractual employees, who have been appointed on regular basis upon completion of 6 years of service under SC and ST Development Department. 15. In this case, the petitioner before her regularization on completion of 6 years, had already left her job under SC and ST Development Department. Therefore, there was no occasion to consider her case for regularization, nor has the petitioner accrued any right to take into account her contractual service period under SC and ST Development Department for regularizing her service more specifically when the petitioner had already accepted a fresh appointment under S & ME Department. There is also no provision to reckon contractual service as per G.A Department Resolution dated 17.9.2013. IV. COURT’S REASONING AND ANALYSIS: 16. It is the settled principle of law that regularization is cadre specific and since the petitioner on her own volition had already left the cadre under SC and ST Development Department before her regularization and before a lien was created in her favour, she is not entitled for regularization on Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Sep-2023 15:30:22 Page 7 of 9 completion of 6 years of service under SC and ST Development Department. 17. Moreover, in this case, the petitioner before her regularization on completion of 6 years, had already left her job under SC and ST Development Department. Therefore, there was no occasion to consider her case for regularization, nor has the petitioner accrued any right to take into account her contractual service period under SC and ST Development Department for regularizing her service more specifically when the petitioner had already accepted a fresh appointment under S & ME Department. There is also no provision to reckon contractual service as per G.A Department Resolution dated 17.9.2013. 18. It is further clarified that the Government in ST & SC Development Department regularised the services of the contractual teaching and non-teaching staff serving in the schools under ST & SC Development Department who had completed 6 years service and who were continuing in contractual service with the Department with regard to GA Deptt. Resolution dated 17.9.2013 through a High Power Committee, chaired by the Commissioner-cum-Secretary. The HPC held on December, 2015 considered all the contractual teaching and non-teaching staff who were continuing their contractual services under the Department as per the above Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Sep-2023 15:30:22 Page 8 of 9 rules for their service regularisation. The Petitioner who had already terminated her contractual engagement with the ST&SC Development Department was no longer eligible to be considered for regularisation, as per the Government rules. Accordingly, the Government in ST & SC Development Department issued an Office order on 27.2.2016 regularising the eligible contractual staff and thereby allowing grade pay to the corresponding pay of the contractual staff w.e.f. their dates of completion of 6 years of service. The petitioner, therefore, cannot avail the benefits of regularisation since she had left her contractual services with the ST & SC Development Department. 19. From the conspectus of factual matrix, this Court is unable to accede to the submission of the petitioner. The rules of service jurisprudence cannot be given go by in such a light and casual manner, rather, they call for due compliance. 20. In light of the aforesaid discussion and having regard to the present position of law, this Court is not inclined to accede to
Decision
21. The Writ Petition is hereby dismissed. No orders as to costs. Judge ( Dr. S.K. Panigrahi ) Orissa High Court, Cuttack, Dated the 24th August, 2023/ Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Sep-2023 15:30:22 Page 9 of 9