Arun Kumar Naik Vs State of Odisha

Heard learned counsel appearing for the Petitioners as well as learned Additional Standing Counsel appearing for the StateOpposite Parties. Perused the writ application as well as the documents annexed thereto.

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By filing the present writ application, the Petitioners have prayed for the following relief:-

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In view of the above, it is most respectfully prayed that this Hon'ble Court may be graciously pleased to :

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1. Quashed the impugned advertisements under Annexure-3 (a&b) issued by 0pp. Party No.3.

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2. Direct the opposite parties to consider the representation for adjustment to the available vacancies of Guest Teachers or equivalent positions in any part of the district of Anugul, in accordance with their qualifications, experience, and prior

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service, without terminating their services or excluding them from the recruitment process. OR

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3. Declare that the Petitioners, having served as Guest Teachers for a considerable period, are entitled to be adjusted into the existing vacancies in the Anugul district, and their continued employment in those positions is in the best interest of the students and the education system.

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OR

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4. Direct the Opposition Parties to take necessary steps to regularize or adjust the Petitioners into the vacancies in a fair and just manner, in line with the principles of natural justice , equality and fairness, without causing undue hardship to the Petitioners. OR

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Pass any other order/orders as this Hon'ble Court deem think fit and proper.”

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Learned counsel for the Petitioners at the outset contended that the Petitioners who are continuing as Guest Teacher under the SC & ST Development Department, i.e., the Opposite Party No.2 to the present writ application approached this Court for a direction to the Opposite Party No.3 to take into consideration the experience of the Petitioners while proceeding with the recruitment pursuant to the advertisement under Annexure-3. Learned counsel for the Petitioners at this juncture contended that the Petitioners are entitled to get the benefit of their experience at the time of consideration of his case for recruitment. He further submitted that although the Petitioners have ventilated their grievance before the Commissioner-cumSecretary, School and Mass Education Department, Govt. of Odisha-Opposite Party No.1, however, such representation has not been duly considered. Being aggrieved by such inaction on

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the part of the Opposite Party No.1, the Petitioners have approached this Court by filing the present writ application.

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Learned counsel for the State on the other hand contended that since the Petitioners have already approached the Opposite Party No.1 who is the competent authority to take a decision in the matter and the representation of the Petitioners dated 15.01.2025 is stated to be pending before the Opposite Party No.1, he will have no objection in the event this Court directs the Opposite Party No.1 to take a lawful decision on the representation of the Petitioners within a stipulated period of time.

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Having regard to the submissions made by learned counsels appearing for both sides, on a careful examination of the background facts, further taking into consideration the grievance of the Petitioners, this Court deems it proper to dispose of the writ application at the stage of admission by directing the Opposite Party No.1 to consider and dispose of the representation of the Petitioners under Annexure-6 dated 15.01.2025, if the same is still pending, strictly in accordance with law within a period of eight weeks from the date of communication of a certified copy of this order by the Petitioners. It is needless to mention here that the representation of the Petitioners shall be disposed of by passing a speaking and reasoned order. The final decision so taken by the Opposite Party No.1 be also communicated to the Petitioners within ten days from the date of taking such a decision.

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Rubi

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