Orissa High Court
Mohit K. Tandi vs State Of Odisha & Others .... ... on 4 July, 2023
Author: M.S.Sahoo
Bench: M.S.Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.15111 of 2012
Mohit K. Tandi .... Petitioner
None
-versus-
State of Odisha & others .... Opp.parties
Mr. Sonak Mishra, Addl. Standing Counsel
CORAM:
JUSTICE M.S.SAHOO
ORDER
04.07.2023 Order No. Hybrid Mode
7. 1. None appears for the petitioner though the matter is called twice over, once before the lunch break and again on resumption of the proceeding of the Court after the break.
2. The writ petition has been filed with the following prayer :
"Under the aforesaid facts and circumstances of the case, it is therefore, prayed that this Hon'ble Court may graciously be pleased to :-
(i) direct/order the opposite parties to engage the petitioner as Ganasikshyak forthwith as per the decision of the Government in S & M.E. Department vide letter no.698 dated 14.01.2010 as well as the engagement of other similarly situated Education Volunteers vide engagement order no.251, dated 30.06.2010 of the Collector, Nuapada and thereby quashing the order dated 18.07.2012 passed by the Collector, Nuapada as at Annexure-9.
(ii) Pass such other order(s) or issue direction(s) as may be deemed fit and proper in the bonafide interest of justice"
// 2 //
3. Learned Additional Standing Counsel for the State refers to the counter affidavit filed by the District Project Coordinator, SSA, Nuapada, to submit that the petitioner is not entitled to any reliefs sought for.
Learned Additional Standing refers particularly to paragraphs-5, 6 and 9 of the counter affidavit, which are quoted herein :
"5. That it is respectfully submitted that the petitioner was engaged as an Educational Volunteer at Utkal A.I.E. Primary School, Motilal Nagar(A), Raipur of Chhattisgarh State, who has been retrenched from his engagement for his gross negligence I duty as per the resolution dated 25.12.2009 of the Education Committee of Motilal Nagar EGS Centre, Resolution of VEC
6. That it is humbly submitted the EGS centre was running but due to his gross negligence. The petitioner was retrenched by Education Committee of Motilal Nagar EGS Centre on dated 25.12.2009 then another E.V. (Education Volunteer) namely Kuber Jagat was engaged in his place which was approved by Collector-cum-Chairman, SSA Nuapada. A copy of approved note sheet is annexed herewith as Annexure-B/3.
9. That it is pertinent to mention here that vide Annexure-2 to the writ petition the Govt. of Orissa in the department of School & Mass Education vide Resolution No.3358 dated 16.2.2008 passed the resolution in the following manners :
"For the purpose of universalization of Elementary Education, Education Guarantee Scheme (EGS) an integral part of Sarba Sikshya Abhijaan (SSA) was operationalised in Orissa from the year 2001-02. Due to up gradation of EGS Centres to regular schools Page 2 of 3 // 3 // and for various reasons the Education Volunteers engaged in such E.G.S. Centres have been disengaged and would be facing disengagement in the above process."
Government after careful consideration on the problems of the education volunteers under the Education Guarantee Scheme decided to rehabilitate Education Volunteers in EGS centres who have been disengaged or racing disengagement under the Education Guarantee Scheme on the following manners."
But in the instant case the petitioner was not disengaged due to up-gradation of EGS centre to regular school rather the petitioner have retrenched/given out from the post by the VEC because of gross negligence in duty. Hence, the petitioner's case is not similar to other similar Education Volunteer working in the EGS centre through out of the State. Hence, no legality or infirmity has been done by the opposite parties in considering the case of the petitioner."
4. Though the petitioner has filed rejoinder, the averments made and contention raised in paragraphs-5, 6 and 9 of the counter have not been replied to.
5. None has also put in appearance for controverting the submissions of the learned Additional Standing Counsel.
Accordingly, the writ petition is disposed of.
( M.S.Sahoo) Judge Signature Not Verified Gs Digitally Signed Signed by: GAGAN BIHARI SAMAL Designation: Secretary Reason: Authentication Location: ohc Date: 05-Jul-2023 12:13:05 Page 3 of 3