The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.30177 of 2025 Sitakanta Mahapatra …. Petitioner
Legal Reasoning
Mr. H.P. Rath, Advocate -Versus- State of Odisha and others …. Opposite Parties Mr. J.K. Khandayatray, ASC CORAM: Order No. 01. JUSTICE DIXIT KRISHNA SHRIPAD
Decision
ORDER 18.11.2025 Petitioner’s representation dated 24.01.2025 at Annexure-6 airs his grievance. The same reads as under: Grievance Sub: regarding Implementation of Verification Report dt.24.09.2020 of the Verification Committee. Esteemed Sir, Petition With profound respect, I, Sri Sitakanta Mahopatra of Vill. Gadomanitri, Via. Begunia, Dist. Khordha, beg to state the following few lines for your kind consideration and favourable orders. That I was appointed as Office Peon (1st 1. Peon) by the Managing Committee of Bapujee Ashram Residential High School, Goradajhari on 10.12.1998 against the vacancy existed then. Subsequently the approved Resolution Managing ratified my dt.04.01.1999 Committee resolved the Secretary of vide and Page 1 of 5 appointment dt.l0.12.1998. Pursuant to order dt.l0.12.1998, 1 joined in my post on 14.12.1998. 2. While I was performing my duty smoothly, disturbances in the school started in the year 2003 relating to constitution of the Managing Committee and subsequently by constituting a parallel Managing Committee some local persons started functioning of the school other than the school where originally permitted. But Smt. Binodini Harichandan who was duly appointed as Headmistress of the school situated at original place continued functioning of the said school. I also continued in the original school as 1st Peon. But the parallel unapproved Managing Committee after the school was notified to receive block grant in the year 2008 created disturbance in the original school and prevented me to perform my duty. 3. I would like to state that because of the dispute, approval of teaching and non-teaching staffs could not be made, though on the basis of the proposal submitted by Smt. Binodini Harichandan, the Headmistress of the original school, appointments of some teaching and nonteaching staff were approved. As a matter of fact, Smt. Binodini Harichandan had filed G.I.A. learned State Case No.146/2010, which Education Tribunal disposed of on 24.03.2012 directing the Govt. to make an enquiry into the matter and to take decision in the matter of extension of grant-in-aid in favour of Smt. Harichandan. In this connection, the Deputy Director of Non Govt. Schools was directed to conduct a field enquiry and to submit an actual factual report, in response to which Sri P.K. thorough Nayak, Dy. Director (NGS) upon enquiry submitted a report to the Govt. stating that Smt. Binodini Harichandan is the real Headmaster of Bapuji Ashram Residential High School, Goradajhari. Resultantly, the Govt. in order dt.l2.01.2016 though held that Smt. B. the Page 2 of 5 Harichandan is the genuine Headmaster of the school but did not inclined to release grant-in-aid in her favour on the ground of defects in the school. That subsequently, pursuant to order of 4. learned State Education Tribunal, Bhubaneswar dtd.4.1.2014 and Ex. Case No.l65/2018, the Director, Secondary Education, Odisha directed the D.E.O., Khordha to make verification of appointments of all the teaching and non-teaching staffs of Bapujl Ashram Residential High School, Goradajhari by a team of officers and submit report. In obedience to the order of the Director, the D.E.O., Khordha constituted a committee called as Verification Committee In order dt.l0.12.2019. The said Verification Committee conducted enquiry, verified the records of the school available with the Headmaster of the school and office of the District Education Office, Khordha and so also documents produced by different staffs of the school and submitted a comprehensive verification report dt.24.09.2020 to the District Education Officer, Khordha. But unfortunately after one year of submission of Verification Report, the D.E.O., Khordha In letter dt.l5.11.2021 transmitted the verification report dt.24.09.2020 to Director, Secondary Education, Odisha requesting therein for necessary action on the same. But to my misfortune, no consequential orders have been passed by the DSEI on the basis of said enquiry report. I would like to mention here that against paragraph No.l4 of the Verification Report, the committee upon scrutiny of the documents available in the school as well as in the office of the D.E.O., Khordha have categorically reported that the appointment of petitioner as 1st Peon is genuine and the appointment of Sudhir Kumar Nayak as 1st Peon is by an unapproved Managing Committee through back dated orders and that I then illegally prevented by have been the Page 3 of 5 Committee unapproved Managing from the performing my duty. Observing committee opined that the appointment of Sudhir Kumar Nayak is illegal and void In the eyes of law and preventing me from performing duty by the unapproved/invalid Managing Committee is illegal. thus, Under the above facts and circumstances, I pray your goodself to take necessary action to act upon the verification report dated.24.09.2020 submitted by DEO, Khordha and accordingly pass necessary order for reguiarization of my service and for which act of your goodself s benevolence, I shall remain grateful to your goodself for ever.” 2. Counsel for the petitioner submits that if a direction is given to OP No.1 to consider the same in a time bound way, his client would be happy. He also tells the Court that inquiry report dated 24.09.2020 needs to be kept in view while taking call on the subject representation and the report is at Annexure-4. 3. Learned ASC appearing for the OPs, in all fairness, agrees that the representation in question has to meet its fate in due course. He requests the Court to prescribe some reasonable time for taking a call on the subject representation and also caveats that all contentions of the parties be kept open. Counsel for the petitioner cottons with the same. In the above circumstances, writ petition is disposed off. Time for consideration of the subject representation and informing result of such consideration to the petitioner in writing is eight weeks. All contentions are kept open. It is open to the answering OP to solicit any information or documents from the side of the petitioner, as required for taking a Page 4 of 5 decision on the subject representation. However, in that guise delay shall not be brooked. Now, no costs. Web copy of this order to be acted upon by all concerned. ( Dixit Krishna Shripad ) Judge Anisha Signature Not Verified Digitally Signed Signed by: ANISHA NANDA Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-Nov-2025 11:17:54 Page 5 of 5