The Court dismissed a writ petition seeking to quash a disengagement order from the post of Gana Sikhayak. The Court held the order was justified as the petitioner failed to produce original documents proving her prior engagement and duty discharge under the EGS scheme, a prerequisite for rehabilitation.
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W.P.(C) No. 17315 of 2010
Due to cease work call given by Orissa High Court Bar Association, none appears for the parties. Perused the record.
The petitioner has filed this application seeking to quash the disengagement order dated 16.09.2010 passed by opposite party no.2 under Annexure-5 and further seeks for direction to the opposite parties to allow her to continue in her post as Gana Sikhayak in Badapal Primary School of Badapal of Jujomura block in the district of Sambalpur.
The petitioner pleaded in the writ application that she executed an agreement on 30.07.2008 for engagement as Gana Sikhyaka in respect of Badapal Primary School of Badapal of Jujomura block. Pursuant to such engagement order, opposite party no.4 directed the petitioner to join as Gana Sikhyaka in the said school. Accordingly, the petitioner joined on 04.08.2008. Thereafter, a complaint was raised that some of the Gana Sikhyakas have been appointed without any valid education volunteer certificate. But subsequently opposite party no.3 intimated that the Gana Sikhyakas have been duly appointed after being scrutinized their certificates and such declaration has been made in the local daily news paper ‘The Sambad’ on 24.08.2010. Despite such clarification, the petitioner was called for an explanation to submit her education
volunteer certificate. In response to the same, the petitioner clarified that she has been engaged duly by the selection committee after verification of records/certificates and there was no anomaly in selection process and, therefore she should not be disengaged from the post of Gana Sikhyaka. Despite such representation of the petitioner, opposite party no.2 come to a conclusion that the petitioner has managed to get herself engaged as Gana Sikhyaka though she never been engaged as education volunteer in erstwhile EGS centre. Consequentially, vide order dated 16.09.2010 disengaged the petitioner from the post of Gana Sikhyaka of Badapal Primary School of Badapal of Jujomura block, which is subject matter of challenge before this Court in the present application.
Pursuant to notice issued by this Court on 08.10.2010, opposite party no.2 and 3 filed counter affidavit and admitted that the petitioner was engaged as Gana Sikhyaka under the rehabilitation scheme of education volunteer as per the resolution dated 16.02.2008 of Government of Orissa in School and Mass Education Department wherein it was resolved that to rehabilitate the education volunteer working in EGS centres, those who have been disengaged or facing disengagement due to the closure of EGS scheme and accordingly it is prerequisite that one should have worked as an education volunteer and he/she must have faced disengagement due to the
closure of the EGS scheme. It is further contended that the disengaged educational volunteers of erstwhile EGS centres are to be rehabilitated as Gana Sikhyakas under Sarva Sikshya Abhiyan. A district level committee was formed under the Chairmanship of Collector-cumCEO, Zilla Parishad and the said district level committee was to scrutinize the list of education volunteers to be submitted by the BRCC concerned. The name of the petitioner was figured in the final selection list of Jujomura block published on 24.07.2008 and subsequently she was engaged as Gana Sikhyaka vide engagement order dated 30.07.2008 at Badapal Primary School of Jujomura block. On the basis of compliant received in office on 28.04.2010 alleging 10 nos. of fake education volunteers have been engaged as Gana Sikhyaka in Jujomura block and the petitioner being one of them, show cause notice was issued by the DPC, SSA Sambalpur on 07.05.2010 directing the petitioner to produce the original engagement order as education volunteer issued either by Collector or DPC along with VEC resolution duly countersigned by the BRCC concerned by 18.05.2010, but the petitioner failed to produce the original documents as called for. Subsequently, vide notice dated 25.08.2010, the Collector-cum-CEO, Zilla Parishad show caused the petitioner to produce the original engagement order in support of her earlier engagement as education volunteer by 31.08.2010. But the petitioner could not
produce the same, rather replied that all the original documents are with the DPC, SSA, Sambalpur. Since the petitioner could not produce the engagement order of education volunteer, the order impugned was passed disengaging her from service. Therefore, no illegality or irregularity has been committed by the authority so as to warrant interference by this Court.
In view of the pleadings available on record, it appears that the purpose of issuing Government resolution is to accommodate the education volunteers those who have been disengaged or facing disengagement due to closure of EGS scheme. Needless to say that one must satisfy the requirement that he/she has discharged the duty of education volunteer under EGS scheme duly engaged by the competent authority. Unless somebody is appointed or engaged as education volunteer and he/she did not discharge the duty under the EGS scheme, he/she is not entitled to be engaged under the resolution of the government to absorb as Gana Sikhyaka. Admittedly, the petitioner was engaged as Gana Sikhyaka construing that she discharged the duty of education volunteer. But subsequently when complaint was received and inquiry was conducted, opportunity was given to the petitioner to submit reply to notice of show cause and to produce the original documents regarding engagement as education volunteer. Even if repeated opportunity was given to her, she could not produce the same.
Therefore, the inevitable conclusion was drawn by the authority that the petitioner was never been engaged as education volunteer is found well justified. Once she was not continued as education volunteer, question of her rehabilitation engagement as Gana Sikhayaka does not arise. Consequence thereof, if the authority has taken steps for disengagement her from service as she was not rendered service as education volunteer under the EGS scheme, this Court is of the considered view that the action taken by the is well justified.
Accordingly, the writ petition merits no consideration and thus the same is dismissed.
Ashok
…………….…………… (DR. B.R. SARANGI) JUDGE
2 issues framed by the court
Whether the disengagement of the petitioner from the post of Gana Sikhayak was justified due to failure to prove prior engagement as an education volunteer under the EGS scheme.
Whether the authority's conclusion that the petitioner never rendered service as an education volunteer was well-founded based on the petitioner's failure to produce original documents.
The Petitioner
Opposite Party No.2
Opposite Party No.3
DR. B.R. SARANGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
