Disposed¶20

Rashmita Mohanty v. State of Odisha

Orissa HC25 Sept 2024WP(C)/2227/2017

Case brief

AI extract

What is this about?

Odisha High Court disposes of a writ by an ex-Gana Sikshyaka seeking backdated regularization as Primary School Teacher; the seniority-parity claim vis-a-vis Opposite Parties 7 to 14 was withdrawn; the Court directed reconsideration of regularization w.e.f. 16.05.2020 (eight-year completion mark) in terms of the Government Notification dated 22.12.2016, criteria-bound, within four months.

What did the court decide?

Reconsideration of the Petitioner's case for regularization w.e.f. 16.05.2020 (completion of eight years as Gana Sikshyaka) in terms of the Government Notification dated 22.12.2016, subject to satisfaction of all applicable criteria, within four months from receipt of the certified copy of the order; urgent certified copy to be granted on proper application. ¶20

Rashmita Mohanty Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Petitioner, initially engaged as a Gana Sikshyaka, is entitled to regularization as Level-V Primary School Teacher w.e.f. 16.05.2020 (on completion of eight years as Gana Sikshyaka) in terms of the Government instrument dated 22.12.2016, rather than from her actual regularization date of 12.9.2024. +1 more

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Court's answer

The Court directed the authorities to reconsider the Petitioner's case for regularization as Primary School Teacher w.e.f. 16.05.2020, i.e. upon completion of eight (8) years as Gana Sikshyaka, in terms of the Government Notification dated 22.12.2016, subject to satisfaction of all such criterion, within a period of four months from the date of receipt of the certified copy of the order.

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Detailed headnote1 paragraphs

Single-judge disposal of W.P.(C) No.2227 of 2017 (High Court of Orissa at Cuttack, Justice B. P. Routray, order dated 25.09.2024). Petitioner Rashmita Mohanty, initially engaged as a Gana Sikshyaka, claimed regularization of service as Level-V Primary School Teacher at par with the date of regularization of Opposite Parties 7 to 14 and re-fixation of her seniority alongside them. Counsel conceded that her service had already been regularized as Level-V Primary School Teacher on 12.9.2024, and withdrew the seniority re-fixation claim, praying instead that her case for regularization be considered upon completion of eight years in terms of the Government Resolution dated 22.12.2016. The Court accordingly directed the authorities to reconsider her regularization w.e.f. 16.05.2020 — upon completion of eight (8) years as Gana Sikshyaka — in terms of the Government Notification dated 22.12.2016, subject to satisfaction of all applicable criteria, within four months of receipt of the certified copy of the order, and disposed of the writ petition.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.2227 of 2017

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Rashmita Mohanty …. Petitioner Mr. K.C. Pradhan, Advocate

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-versus-

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State of Odisha and others

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…. Opposite Parties Mr. S.K. Jena, A.G.A.

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Mr. P.K. Jena, Advocate for Opposite Parties 7 to 14

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CORAM: JUSTICE B. P. ROUTRAY

ORDER 25.09.2024

Order No.

Heard Mr. K.C. Pradhan, learned counsel for the Petitioner, Mr. S.K. Jena, learned Additional Government Advocate for the State-Opposite Parties 1 to 6 and Mr. P.K. Jena, learned counsel for the Opposite Parties 7 to 14.

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The Petitioner was initially engaged as a Gana Sikshyaka and claims for her regularization of service as Level-V Primary School Teacher at par with the date of regularization of Opposite Parties 7 to 14 and further, to re-fix her seniority at par with those private Opposite Parties.

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Before delving into the merits of the contention of the parties, it is admitted by Mr. Pradhan, learned counsel for the Petitioner that, presently the service of the Petitioner has already been regularized as Level-V Primary School Teacher on 12.9.2024. As such, Mr. Pradhan is forgoing the claim of the Petitioner for refixation of her seniority at par with private Opposite Parties 7 to

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Signature Not Verified

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Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 26-Sep-2024 15:24:12

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Page 1 of 2

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14 and prays that, her case for regularization should be considered upon completion of eight years in terms of the Government Resolution dated 22.12.2016.

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As it is admitted by the Petitioner that, her service has been regularized on 12.9.2024 as a Primary School Teacher and she is not pressing the prayer for re-fixation of her seniority, the authorities are directed to reconsider the case of the Petitioner for her regularization w.e.f.16.05.2020, i.e. upon completion of eight (8) years as Gana Sikshyaka, in terms of the Government Notification dated 22.12.2016 subject to satisfaction of all such criterion, within a period of four months from the date of receipt of certified copy of this order.

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The writ petition is accordingly disposed of.

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An urgent certified copy of this order be granted on proper application.

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( B.P. Routray)

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Judge

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B.K. Barik

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Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 26-Sep-2024 15:24:12

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Signature Not Verified

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Rashmita Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rashmita Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

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What the court decided

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Statutes considered

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Coram

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