Disposed¶21

Mandhar Benua v. State of Odisha

Orissa HC14 Mar 2024WP(C)/5749/2024

Case brief

AI extract

What is this about?

Odisha High Court writ petition (W.P.(C) 5749/2024, decided 14.03.2024, R.K. Pattanaik); Mandhar Banua v. State of Odisha; Ganasikhyaka appointment after rehabilitation; Education Volunteer/Non-Formal Instructor under DPEP Kalahandi; rehabilitation of disengaged Education Volunteers and Para teachers (DPEP Phase-1) under Sarva Sikshya Abhiyan per Government Resolution dated 26.02.2009 (Dept. of School and Mass Education); disposal of pending representation Annexure-6 with opportunity of hearing; six-week decision timeline.

What did the court decide?

Direction to opposite party No.2 to consider and examine Annexure-6 and take a final decision providing an opportunity of hearing to the petitioner, preferably within six weeks from receipt of a copy of the order. ¶21

Mandhar Benua Vs State of Odisha — Orissa HC (2024) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.5749 of 2024

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Mandhar Banua …. Petitioner

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M/s. S.B. Mohanty, Advocate & Associates

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-Versus-

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State of Odisha & others …. Opposite Parties Mr. J.P. Patra, ASC

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CORAM:

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MR. JUSTICE R.K. PATTANAIK

ORDER

Order No.

14.03.2024

Heard Mr. Mohanty, learned counsel for the petitioner and Mr. Patra, learned ASC for the State.

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Instant writ petition is filed by the petitioner for a direction to opposite party No.2 to appoint him as Ganasikhyaka after rehabilitation in view of Government’s Resolution dated 26^th February, 2009 of the Department of School and Mass Education, Government of Odisha.

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Mr. Mohanty, learned counsel for the petitioner submits that the petitioner was appointed by Annexure-2 as Education Volunteer by the DPEP, Kalahandi and before that he was engaged as Non-Formal Instructor vide Annexure-1. It is further submitted that by the Government’s Resolution vide Annexure-3 dated 26^th February, 2009, a decision was taken to rehabilitate the disengaged Education Volunteers, Para teachers by the DPEP, Phase-1 as Ganasikhyaka under Sarva Sikshya Abhiyan but the petitioner has not been rehabilitated and in that regard, he has submitted a

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representation i.e. Annexure-6 pending consideration of opposite party No.2.

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Mr. Patra, learned ASC for the State would submit that since the grievance is already said to have been received by opposite party No.2 through Annexure-6, if the Court is inclined, appropriate order may perhaps be passed for its disposal according to law.

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Considering the facts pleaded on record and submissions of Mr. Mohanty, learned counsel for the petitioner as well as Mr. Patra, learned ASC for the State, the Court is inclined to direct opposite party No.2 to consider such grievance under Annexure-6 by providing an opportunity of hearing to the petitioner and to take a decision within a stipulated period as the same is necessary in the interest of justice.

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Accordingly, it is ordered.

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In the result, the writ petition stands disposed of with a direction to opposite party No.2 to consider and examine Annexure-6 and to take a final decision on the same providing an opportunity of hearing to the petitioner at the earliest preferably within a period of six weeks from the date of receipt of a copy of the order.

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