Sukumar Behera Vs State of Odisha — Orissa HC (2024) — LawSathi Research

Sukumar Behera Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty granted to the petitioners to approach the Secretary, Department of School and Mass Education (Opposite Party No.1) by submitting representations individually highlighting their grievances; the Secretary to consider and dispose of the representations as early as possible, preferably within three months from communication of the order or production of a certified copy, under intimation to the petitioners. Merits of the claimed absorption/regularization not decided.

Issue for consideration

Whether the petitioners, engaged as Gana Sikshyak consequent upon abolition of the Education Guarantee Scheme (EGS) and subsequently as Sikshya Sahayaks (w.e.f. 20.06.2008, 30.06.2008 and 30.09.2008), are entitled to be treated as absorbed as Sikshya Sahayaks with effect from the year 2008, as Junior Teachers with effect from 2011 and as Regular Primary School Teachers with effect from 2014, in terms of the Government Resolutions dated 16.02.2008 and 10.01.2008 and the Dhananjaya Charan Dey decision. +1 more

Court's answer

Since it is for the concerned authority to take a decision on the grievance of the petitioners at the first instance, the writ petition is disposed of granting liberty to the petitioners to approach the Secretary, Department of School and Mass Education (Opposite Party No.1) by submitting representations individually highlighting their grievances.

Ratio / Principle

On receipt of the representations, the Secretary shall consider and dispose of the representation of the petitioners as early as possible, preferably within a period of three months from the date of communication of the order or production of a certified copy thereof, under intimation to the petitioners.

Key takeaways

Learned counsel for the petitioners is permitted to correct the typographical error in the prayer portion of the writ application in Court.obiter¶3

Detailed headnote1 paragraphs

W.P.(C) No. 10444 of 2024 — Sukumar Behera & Ors. v. State of Odisha & Ors. (High Court of Orissa, Cuttack; Sashikanta Mishra, J.; order dated 03.05.2024): Petitioners, engaged as Gana Sikshyaks pursuant to the Government Resolution dated 16.02.2008 consequent upon abolition of the Education Guarantee Scheme (EGS), and subsequently engaged as Sikshya Sahayaks with effect from 20.06.2008, 30.06.2008 and 30.09.2008 respectively, sought a writ of mandamus directing that they be treated as absorbed as Sikshya Sahayaks with effect from 2008, as Junior Teachers with effect from 2011 and as Regular Primary School Teachers with effect from 2014, in terms of the Resolution dated 16.02.2008 (Annexure-1) and the career advancement policy resolution dated 10.01.2008 (Annexure-5), and in view of the decision in Dhananjay Charan Dey v. State of Orissa, 2020(II) ILRCUT-84, upheld by the Division Bench in W.A. No. 10 of 2021 (disposed 02.02.2021) and confirmed by the Supreme Court in SLP(C) Nos. 13627 of 2021 (decided 25.01.2023). Their grievance was that, despite the Dhananjaya Charan Dey judgment, their services had not been regularized under the Career Advancement Policy nor had benefits applicable to Sikshya Sahayaks been extended. Observing that it was for the concerned authority to take a decision on the grievance at the first instance, the Court disposed of the writ petition, granting liberty to submit individual representations to the Secretary, Department of School and Mass Education (Opposite Party No.1), who was to consider and dispose of them as early as possible, preferably within three months of communication of the order or production of a certified copy, under intimation to the petitioners. Counsel was also permitted to correct a typographical error in the prayer portion. The merits of the claimed absorption and consequential benefits were left undecided.