The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.41686 of 2023 Tukuna Padhan …. Petitioner Mr. S.K. Mishra, Sr. Advocate State of Odisha and Others -versus- …. Opposite Parties Mr. P.K. Panda, ASC CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 11.11.2024 12. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
Legal Reasoning
2. Heard learned counsel for the parties. 3. Learned Senior Counsel for the petitioner contended that basing on the certificate issued in his favour in Misc. Case No.50 of 2009 under Annexure-1, petitioner got the benefit of appointment as against the post of Sikshya Sahayak vide office order dated 08.11.2012 under Annexure-4. But when question of regularization as against the post of Junior Teacher arose, O.P. No.4 vide letter dated 27.04.2023 under Annexure-9 requested Tahasildar, Jagatsinghpur to verify the caste certificate so issued under Annexure-1. // 2 // 3.1. It is contended that vide letter dated 02.05.2023, Tahasildar, Jagatsinghpur on the ground of non- availability of the case record of Misc. Case No.50 of 2009 intimated that the petitioner be advised to apply for fresh certificate which will be considered according to the prevailing law. 3.2. Learned Senior Counsel for the Petitioner contended that being aggrieved by the communication issued on 02.05.2023 under Annexure-10 by O.P. No.7, petitioner approached this Court in W.P.(C) No.20731 of 2023. This Court while disposing the Writ Petition vide order dated 11.09.2023 passed the following order:- to the Tahsildar requested
Legal Reasoning
“1. Mr. Mohanty, learned advocate appears on behalf of petitioner and submits, the District Project Office by letter dated 27th April, 2023 had verify genuineness of his client’s caste certificate/issue fresh caste certificate. Impugned is letter dated 2nd May, 2023 of the Tahsildar addressed to his client saying that the record of issuance of his caste certificate dated 5th January, 2009 is not traceable and hence, he should apply for fresh caste certificate. He submits, therefore, his caste certificate has not been verified leading to him not being regularized as an assistant teacher. 2. Ms. Pattanayak, learned advocate, Additional Government Advocate appears on behalf of State. She submits, as will appear from impugned letter and referred therein letter dated 27th April, 2023, a verification process has been notified by to the Government. This regularization on reservation, become mandatory. Hence, petitioner be directed to apply for fresh caste certificate. verification has is why prior obtained services the of Page 2 of 7 // 3 // 3. By letter dated 27th April, 2023 the District Project Office asked for verification/issuance of fresh caste certificate in the matter of regularizing petitioner’s service as assistant teacher. This is something that is required by the Government. Petitioner has no role to play. Hence, the authority, that is opposite party no.5, will comply with request made by the District Project Office on referred letter dated 27th April, 2023 in either verifying the caste certificate of petitioner, copy disclosed as annexure-1 or issue fresh certificate. The record relating to issuance of caste certificate being untraceable, it will deprive petitioner from relying thereon for purpose of making fresh application. Hence, Court does not direct so. Either the caste certificate is to be verified or fresh certificate issued by the authority (opposite party no.5) within six weeks of communication, failing which opposite party no.3 is directed to regularize petitioner in the post. Petitioner will forthwith communicate this order to said opposite party. In event fresh caste certificate is to be issued, requisitions made on petitioner for production of documents in his possession, are to be complied with by him.
Decision
4. The writ petition is disposed of.” 3.3. It is contended that in terms of the order passed by this Court petitioner when made an application before the Tahasildar to get a fresh certificate, the same was rejected vide order available under Annexure-12 dated 09.11.2023. 3.4. Learned Senior Counsel for the Petitioner contended that prior to such rejection of the petitioner’s claim to get a fresh certificate on 09.11.2023, petitioner was never given opportunity of hearing and basing on the R.I. Report so submitted, claim of the petitioner to get a fresh certificate was rejected. Page 3 of 7 // 4 // 3.5. It is contended that since petitioner after proper verification was issued with the certificate vide Misc. Case No.50 of 2009 under Annexure-1 and the said record is not available as revealed from letter dated 02.05.2023 under Annexure-10, O.P. No.7 prior to rejecting the claim vide the impugned order dated 09.11.2023 under Annexure-12 should have given due opportunity of hearing to the petitioner. Since basing on the R.I. report claim of the petitioner to get a fresh certificate has been rejected and the said report was never provided to the petitioner, rejection of the petitioner’s claim vide impugned order dated 09.11.2023 under Annexure-12 is not sustainable in the eye of law. 3.6. It is contended that unless and until petitioner files a fresh certificate, his claim to get the benefit of regularization as a junior teacher will not be considered and on the ground of non-furnishing of the fresh certificate, petitioner may also face termination from his services where he was engaged in the year 2012. 4. Mr. P.K. Panda, learned Addl. Standing Counsel on the other hand raised a preliminary objection contending inter alia that against the rejection available at Annexure-12, petitioner has statutory remedy of appeal before the Sub-Collector, Jagatsinghpur. Page 4 of 7 // 5 // 4.1. It is contended that without availing the alternate remedy since petitioner had approached this Court challenging the rejection passed by O.P. No.7, the Writ Petition is not entertainable. It is also contended that no order has been yet issued proposing termination of the petitioner on the ground of non-furnishing of the fresh certificate. 5. Having heard learned counsel for the parties and considering the submissions made, this Court finds that petitioner got the benefit of engagement basing on the caste certificate issued in his favour as per the order passed in Misc. Case No.50 of 2009 under Annexure-1. When the question of regularization of the petitioner arose, O.P. No.4 made a request to O.P. No.7 to verify the genuineness of the caste certificate issued in favour of the petitioner under Annexure-1. 5.1. As found from the letter issued by O.P. No.7 under Annexure-10 on 02.05.2023, record of Misc. Case No.5 of 2009 is not available. Petitioner being aggrieved by such communication when approached this Court, this Court permitted the petitioner to move the authority i.e. O.P. No.7 for verification of the caste certificate so issued in his favour under Annexure-1 or to make an application for issuance of fresh certificate. It is not disputed that in terms of the order passed by Page 5 of 7 // 6 // this Court, petitioner made a fresh application before O.P. No.7 to get the caste certificate in his favour. 5.2. But as found from Annexure-12, claim of the petitioner to get a fresh certificate has been rejected basing on the report submitted by the R.I.. In the counter affidavit, no stand has been taken that after providing a copy of the report so submitted by the R.I., claim of the petitioner was rejected. Not only that in the impugned rejection no reason whatsoever has been assigned, save and except relying on the report submitted by the R.I and the view taken by the State Level Scrutiny Committee in similar issue. 5.3. In view of such material irregularity, which is apparent on the face of the order dated 09.11.2023, so passed by O.P. NO.7 under Annexure-12, this Court is inclined to quash the said order. While quashing the order dated 09.11.2023, this Court remits the matter to O.P. No.7 to take a fresh decision with regard to claim of the petitioner to get a fresh certificate in his favour. O.P. No.7 is directed to take a final decision on the claim of the petitioner to get a fresh certificate within a period of 2 (two) months from the date of receipt of this order. 5.4. O.P. No.7 is further directed to provide the R.I. report submitted in the case record on his appearance. Page 6 of 7 // 7 // Petitioner is directed to appear before O.P. NO.7 on 25.11.2024. On the date of his appearance, petitioner will be provided with a copy of the report so submitted by the R.I in the case in hand. Till a fresh decision is taken as directed by O.P. No.7, no coercive action shall be taken against the petitioner. Claim of the petitioner to get the benefit of regularization as reflected in order dated 20.11.2023 under Annexure-11 shall be subject to final outcome of the decision to be taken by O.P. No.7. 6. The Writ Petition is accordingly disposed of. (Biraja Prasanna Satapathy) Judge Basudev Signature Not Verified Digitally Signed Signed by: BASUDEV SWAIN Designation: SR. STENO Reason: Authentication Location: High Court of Orissa, Cuttack Date: 13-Nov-2024 11:08:25 Page 7 of 7