In a writ petition for regularization of service and counting a defunct period towards qualifying service benefits, the High Court disposed of the matter by directing the respondent to decide on the petitioner's representation within three months.
Direction to the opposite party to decide on the petitioner's representation within three months.
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W.P.(C) No. 185 of 2021
The petitioner has filed this writ petition seeking direction to the opposite party no.2 to regularize the service of the petitioner from 01.05.2004 to 18.05.2007 (i.e. the defunct period of school due to fall down of adequate roll strength of students) on “no work no pay” basis and to count the aforesaid period towards her qualifying service for all service benefits like increment, leave, pension etc. as because a similarly situated employee, namely, Sri Sarbeswar Nayak, Classical Teacher, Jayanti Devi Vidyapitha, Nageshpur has already been extended such benefit as per Govt. order no.2843 dated 02.02.2013.
In course of hearing, learned counsel for the petitioner states that highlighting the grievance, the petitioner has made representation to the opposite party no.2 vide Annexure-4, and direction be given to the said opposite party to consider and dispose of the same.
In view of the aforesaid limited grievance of the petitioner, this Court disposes of the writ petition directing the opposite party no.2 to take a decision on the representation filed by the petitioner vide Annexure-4 and pass appropriate order in accordance with law within a period of three months from the date of production of certified/ authenticated copy of this order by the petitioner.
As COVID-19 pandemic situation is continuing, learned counsel for the parties may utilize the soft copy of this order available in the High Court’s official website or print out thereof at par with certified copies in the manner prescribed vide Court’s Notice No.4587 dated 25.03.2020.
…………….…………… (DR. B.R. SARANGI)
Ajaya
JUDGE
2 issues framed by the court
Whether the petitioner is entitled to regularization of service on a no-work-no-pay basis to count towards qualifying service benefits.
Whether the writ petition should be disposed of by directing the respondent to decide on the petitioner's representation.
Petitioner
Opposite Party No.2
B.R. Sarangi
Ajaya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
