Former Education Volunteers under the EGS sought absorption as Sikshya Sahayaks and career advancement benefits relying on the Dhananjaya Charan Dey decision. The Court disposed of the petition granting liberty to submit individual representations to the Secretary, School and Mass Education Department, to be decided preferably within three months.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 9571 of 2024
Kadambini Biswal & Ors
.… Petitioners
Represented by - Mr. K. Swain, Adv. - Versus -
State of Odisha & others
.… Opp. Parties
Represented by - Mr. A.R. Dash, AGA
CORAM:
THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA
ORDER
02.05.2024
Order No. 01.
Government Advocate for the State.
“Under the above circumstances, it is humbly prayed that the writ application be allowed;
And
(a) a writ of mandamus or any other appropriate writ, direction or order by directing the Opposite Parties to treat the petitioners to be absorbed as Sikshya Sahayak with effect from the year 2008 since the petitioners are engaged in the vacant post of Sikshya Sahayaks and are having the same qualification as that of the Sikshya Sahayak and are performing the same duty that is available for Sikshya Sahayaks in a primary school as per the policy decision of the State Government and accordingly to treat the petitioners as Junior Teacher with effect from the year 2011 and Regular Primary School Teacher with effect from the year 2014, in terms of the Resolution of the Government dated 16.02.2008 and also in terms of the law decided by this Hon'ble Court in the case of Dhananjaya Charan Dey Vrs. State of Orissa and others , reported in 2020 (II) ILR-Cut84 , which has been upheld by the Division bench of this Hon'ble Court in W.A. No. 10 of 2021 , disposed of on
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02.02.2021 and so also which has been confirmed by the Hon'ble Supreme Court in SLP(C) Nos. 13672 of 2021, decided on 25.01.2023 ( State of Odisha and Ors. Vrs. Dhananjaya Charan Dey and Ors. ) within a time to be stipulated by this Hon'ble Court; And
(b) any other order/orders or direction/ directions be issued so as to give complete relief to the petitioners;
And for this act of kindness, the petitioners shall as in duty bound ever pray.
Dey & Ors. vs. State of Orissa & Ors1 held that the period of service rendered by the petitioner as Gana Sikshyaka shall be included for the purpose of extending the benefit of career advancement policy.
1 2020(II) ILR-CUT-84
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their grievances and in such event 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 this order or on production of certified copy thereof by the petitioner under intimation to them.
(Sashikanta Mishra) Judge
Deepak
Signature Not Verified
Digitally Signed Signed by: DEEPAK PARIDA Reason: Authentication Location: OHC,Cuttack Date: 17-Jul-2025 17:06:59
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1 issue framed by the court
Whether the petitioners, former Education Volunteers, are entitled to absorption as Sikshya Sahayaks and career advancement benefits from 2008 in line with the Dhananjaya Charan Dey decision?
Colour shows how this judgement treated each authority
Dhananjaya Charan Dey Vrs. State of Orissa and othersRelied on
2020 (II) ILR-Cut-84 · Who else cites this
Dhananjay Charan Dey & Ors. vs. State of Orissa & OrsRelied on
2020(II) ILR-CUT-84 · Who else cites this
Kadambini Biswal & Ors
State of Odisha & others
Sashikanta Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
