Allowed

Trilochan Das v. State and Ors.

Orissa HC22 Aug 2016WP(C)/9542/2014

Case brief

AI extract

What is this about?

The High Court quashed an order of the Orissa Administrative Tribunal denying benefits to petitioners. Directing that petitioners be entitled to the benefits flowing from the State Government's decision to include taken over ULB teachers in the common gradation list based on their date of joining.

What did the court decide?

Quashed the order of the impugned Tribunal and directed that the writ petitioners shall be entitled to the benefits that flow from the State's decision on common gradation list.

Heard Mr.A.K.Mishra, learned Senior Counsel for the petitioners, Mr. Mohapatra, learne d Addl. Standing Counsel for School and Mass Education Department, Mr. M.K.Sahoo, learned coun sel for the intervenors and Mr. B.S.Tripathy, learned counsel for opposite party No.5. In the present writ application, prayer has been made to quash the order dated 7.5.2014 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in M.P. No.320 (C) of 201 3 arising out of O.A. No.4041 (C ) of 2012 under Annexure-8 to the writ application. It appears from the record that the aforesaid O.A. has been filed by one Sanjay Samal seeking to quash the gradation list prepared by opposite party no.4 and in the said applicatio n, on 2.1.2013, an interim order came to be passed under Annexure-D/4 directing that no ac tion shall be taken pursuant to the aforesaid gradation list.

Mr. Mishra, learned Senior Counsel for the petitioners submits that the petiti oners herein were private respondent Nos.8 to 13 in the aforesaid O.A. and had sought for modi fication/variation of the said interim order and accordingly has filed M.P. No.320 (C) of 2013 which came to be disposed of on 7.5.2014. Being aggrieved by the same, challenge thereto has been made before this Court in the present writ application.

Mr. Mishra, learned Senior Counsel placed reliance on an earlier judgment rend ered by this Court in case of State of Orissa and others v. All Orissa Lower Secondary Teacher s Association and others in W.P. (C) No.14979 of 2010 disposed of on 23.12.2011. In terms of t he said judgment rendered by a Division Bench of this Honble Court and the principle

enunciated therein, he submits that the writ petitioners who are the employees of various educ ational institutions in various urban local bodies ought to be also given the benefit of commo n gradation list and consequential benefits thereof. In this respect, our attention is drawn t o Annexure-A/4 to the counter affidavit filed by opp. party No.4 (Block Education Officer, Bis ra), the relevant portion is extracted hereunder. Since date of joining in the post has been taken into consideration in respect of the teachers of taken over UP schools and primary school teachers declared as Govt. servants the same prin ciple may be adopted in case of taken over ULB teachers for preparation of common gradation li st.

Thus, the State Government has taken a decision for preparing a common gradati on list by taking into the date of joining of taken over ULB teachers. In view of the aforesaid stand taken by the State as reflected in the aforesai d paragraph, we quash the order of the tribunal impugned before us and direct that the writ pe titioners shall also be entitled to the benefits that flow from the above noted decision of th e State.

Trilochan Das v. State and Ors.

Case brief

What is this about?

What did the court decide?

Trilochan Das v. State and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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