The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C ) No.33064 of 2023 Laxmikanta Pradhan …. Petitioner Mr. K.K. Swain, Adv. -versus- A. State of Odisha & Others … Opp. Parties State Counsel CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 19.04.2024 9. 1. This matter is taken up through Hybrid
Decision
Order No Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel for the parties. 3. Petitioner has filed the present Writ Petition inter alia challenging the order dt.09.06.2023 so passed by Opp. Party NO.2 under Annexure-8. Vide the said order; claim of the Petitioner to get the benefit of TBA/ACP/RACP, promotion and other pensionary benefits was rejected on the ground that since by the time Government decided to implement the order passed by this Court on 20.12.2018 in OJC No.6447 of 2000 on 15.10.2020, Petitioner had already retired from his services on attaining the age of superannuation and accordingly, he is not eligible to get the benefit. 3.1. It is the submission of Mr. Swain, learned counsel for the Petitioner that Petitioner was appointed as a Primary School Teacher during the incumbency of one late K.C. Guru, Inspector of School, Sambalpur Circle. Pursuant to the resolution issued by the Government in the Deptt. of School and Mass Education on 12.03.1996, subsequently when Government issued another resolution on 24.10.1996 to fill up reserved unfilled vacancies of Primary School Teachers meant for S.C & S.T candidates with relaxation of educational qualification, a large number of complaints were received from various quarters regarding the malpractice and irregularities committed in the selection of Primary School Teachers with active connivance of late K.C. Guru, the then Inspector of School, Sambalpur School. Pursuant to the decision of the Government, Director, Elementary Education caused an enquiry with regard to the irregularities committed in the selection and appointment of untrained SC & ST teachers in different education district of Sambalpur Circle, Sambalpur. 3.2. On such enquiry, when it was found that various irregularities have been committed, the appointment orders issued in favour of such primary school teachers which includes the present Petitioner were cancelled and termination order was issued. Challenging such notice of termination, a batch of Original Applications were filed before the Tribunal. The Tribunal vide order dt.10.03.2000 in O.A. No.2583 (C ) of 1999 and batch disposed of the Original Applications inter alia with the following order. “… However, since a clear stand is taken in the Govt. counter that there was fraud in the selection process, it cannot be brushed aside lightly. We, therefore, directed that this aspect be probed into by a high level committee consisting of an officer of the Department not below the rank of an Addl. Secretary, Director, Elementary Education and Director, Secondary Education. Depending upon the finds of this Committee, a conscious decision be taken by the Department as to whether the Circle wise Selection in the two circles should be cancelled and fresh selection held in respect of the vacancies in which the applicants were appointed. Till a decision is taken, they should continue in their respective posts provisionally. If a fresh selection is held, the applicants shall be allowed to take part in it by relaxing the upper age limit in respect of those who might have become age barred in the meantime and till the vacancies are filled up on a regular manner, they Page 2 of 7 shall be allowed to continue in their respective posts provisionally. Their provisional continuance in either case shall be subject to the condition that it shall not confer any right on them to claim their posts. If some of the applicants, even though protected by the interim order of the Tribunal are out of service, they shall be allowed to rejoin the posts and work till the above exercise is completed. If any of them has not been paid salary for the period, he had actually worked the salary as due and admissible shall be paid to him within one month from the date of receipt of this order.” 3.3. It is contended that the order passed by the Tribunal in 10.03.2000 was challenged by the State before this Court in OJC No.6447 of 2000 and batch. The aforesaid OJC No.6447 of 2000 was disposed of by this Court vide order dt.20.12.2018, basing on the following suggestions proposed by the State. Proposed suggestion of this Deptt. 1. 2. 3. The teachers, who are continuing in service and receiving full salary may be considered for their regularization to get TBA/ACP/RACP, Promotion and all pensionary benefits. Those candidates, terminated by the then Director, Elementary Education, Odisha and out service till date shall not be allowed to join. The Learned Sr. Standing Counsel, S & ME Deptt. May bring the matter to the Hon’ble High Court in OJC NO.6447 of 2000- State of Odisha Vrs. Arjun Charan Mohanty and Hon’ble Tribunal, pending O.As to implement the proposed decision of this Deptt. To resolve the long pending cases.” 3.4. Mr. Swain, learned counsel for the Petitioner contended that since Petitioner from his very initial date of appointment continued without any break in engagement till he attained the age of superannuation, in view of the decision rendered by this Court in OJC No.6447 of 2000, while accepting the suggestions, he became entitled to get the benefit of TBA/ACP/RACP and so also promotion and other pensionary benefits. But on the face of such order passed by this Court on 20.12.2018, when the benefit was not extended, Petitioner approached this Court by filing a Writ Petition. This Court when disposed of Writ Petition along with a batch with a Page 3 of 7 direction on Opp. Party No.2 to consider the grievances of the Petitioner as made therein, the impugned order was passed on 09.06.2023 by rejecting the claim on the ground that order passed by this Court on 20.12.2018 was only implemented pursuant to the letter issued by the Government on 15.10.2020. Since as on 15.10.2020, Petitioner has already retired from his services, he is not eligible to get the benefit of the proposal, so accepted by this Court in order dt.20.12.2018. 3.5. It is contended that since basing on the suggestions so proposed by the State, this Court disposed batch of Writ Petitions vide order dt.20.12.2018, as per the said proposal/suggestion, so proposed by the Department, petitioner is eligible and entitled to get the benefits as prayed for. On the ground of delayed implementation of the proposal by the Government with issuance of letter on dt.15.10.2020, benefits as due and admissible cannot be denied. It is accordingly contended that the impugned order is not sustainable in the eye of law. 4. Mr. Sanjay Rath, learned Additional Standing Counsel on the other hand contended that though there is no dispute that Petitioner since his initial date of appointment continued as such till he attained the age of superannuation and after such retirement from service, Petitioner is getting the benefit of pension and other pensionary benefits, but the decision rendered by this Court on 20.12.2018 in OJC No.6447 of 2000 since was implemented with issuance of letter dt.15.10.2020 and the Petitioner by then had already retired from his service, he is not eligible to get the benefit as claimed. The stand taken by the Opp. Parties in Para 11 of the Counter affidavit is reproduced hereunder:- 11. That, it is humbly submitted that further pursuance to the Letter No.14804/SME and 14806/SME dated 15.10.2020 Page 4 of 7 communicated vide Memo No.18494 dated 19.10.2020, NO.18496 dated 19.10.2020 and No.18513 dated 19.10.2020 of the Director, Elementary Education, Odisha and in compliance to the order of the Hon’ble High Court in OJC NO.6447/2000 filed by the State of Odisha and orders Vrs. Arjuna Charan Mohanty & Another, the service of the other employees were regularized w.e.f 24.10.2011 vide office order dated 06.01.2021 issued by the District Education Officer, Sambalpur in the following manner: “(i) Treating those primary school teachers, who are continuing in service and receiving full salary regularization to enable them to get TBA/ACP/RACP, promotion and all pensionary benefits. (ii) Those candidates, who had been terminated by the then Director, Elementary Education, Odisha and out of service till date shall not be allowed to join. The School and Mass Education Department have considered matter regarding regularization of service of Primary School Teachers only those were continuing and receiving salary. But in the instant case, the Petitioner was retired from service before issue of the order dated 15.10.2020 and letter dated 15.10.2020 by the Government of Odisha. Therefore, the petitioner’s case could not be considered for regularization.” 5. Having heard learned counsel for the parties and after going through the materials available on record, this Court finds that Petitioner was appointed pursuant to the resolution issued by the Government on 12.03.1996 vide order of appointment issued on 05.06.1997 under Annexure-1. 5.1. It is not disputed that Petitioner since his initial appointment was allowed to continue till he attained the age of superannuation on 31.08.2019 vide order issued on 29.08.2019 under Annexure-2. It is also not disputed that Petitioner basing on the report submitted by the Director though was issued with a notice of termination, but the same was stayed by the Tribunal and ultimately, Tribunal disposed of the batch of Original Applications vide order dt.10.03.2000. Page 5 of 7 5.2. Order passed by the Tribunal on 10.03.2000 though was challenged before this Court by the State in OJC No.6447 of 2000, but in the said Writ Petition, the State came up with a proposal with regard to the benefits to be extended in favour of such teacher who were appointed during the tenure of late K.C. Guru. Basing on the proposal so submitted, OJC NO.6447 of 2000 was disposed of vide order dt.20.12.2018. As per the proposal so submitted by the State and accepted by this Court, it was clearly indicated that teachers who are continuing in service and receiving full salary, may be considered for their regularization to get TBA/’ACP/RACP, promotion and all pensionary benefits. Even though the said Writ Petition was disposed of basing on the proposal submitted by the State on 20.12.2018, but on the ground that the same was only implemented with issuance of a letter on 15.10.2020 and Petitioner had retired by then, Petitioner is not entitled to get the benefits. However, basing on the letter so issued on 15.10.2020 and as admitted in paragraph-11 of the counter, Petitioner was regularized vide order dt.06.01.2021. Since the proposal submitted by the State in OJC No.6447 of 2000 was accepted with passing of an order on dt.20.12.2018 and as per the said order, Petitioner was regularized in his services vide order dt.06.01.2020, there was no occasion on the part of the opp. Parties not to extend the benefit of TBA/ACP/RACP on the ground that by the time letter dt.15.12.2020 was issued, since Petitioner had already retired, he is not eligible to get the benefit of TBA/ACP/RACP. 5.3. Since it is not disputed that after his retirement, petitioner was not only regularized but also got the pension and other pensionary benefits, as per the considered view of this Court, Petitioner is also entitled to get the benefit of TBA /ACP/RACP. This Court while disposing the Writ Petition, Page 6 of 7 directs Opp. Party No.4 to extend the benefit of TBA/ACP/RACP as due and admissible in favour of the petitioner within a period of three (3) months from the date of receipt of the order, but on notional basis. 5.4. On such sanction of TBA/ACP/RACP as directed, pension and pensionary benefits of the Petitioner be revised accordingly. Differential entitlement on such revision of pension and pensionary benefits as due and admissible be released with a further period of three (3 ) months. With the aforesaid observation and direction, the Writ Petition is disposed of with quashing of the impugned order dt.09.06.2023 so passed by Opp. Party No.3 under Annexure- 8. sangita (Biraja Prasanna Satapathy) Judge Signature Not Verified Digitally Signed Signed by: SANGITA PATRA Reason: AUTHENTICATION OF ORDER Location: HIGH COURT OF ORISSA,CUTTACK Date: 26-Apr-2024 17:34:33 Page 7 of 7