Orissa High Court
Unknown vs 6.1990 To 23.03.1993 On The Ground That ... on 2 May, 2018
Author: S.N.Prasad
Bench: S.N.Prasad
W.P.(C) No.11259 of 2015
03. 02.05.2018 This writ petition is against the order dated
31.07.2014 passed by the Under Secretary to Government of
Odisha, Department of School & Mass Education
Department, Bhubaneswar whereby and whereunder the
Under Secretary to Government has rejected the claim of the
petitioner for approval of the period of service from
01.06.1990 to 23.03.1993 on the ground that it was not
approved by the then Inspector of School for non-continuance
of Section-VIII-B.
The contention of the petitioner is that she has been
appointed validly and started discharging her duty, but after
some days, she was not allowed to perform her duty. She
thereafter was posted in another school, namely, Damoder
High School, Ayatpur. The period from 01.06.1990 to
23.03.1993 she was willing to discharge her duty, but she
was forcefully denied not to discharge and the authority,
while realizing it, has transferred her to another place and
thereafter she has discharged her duty continuously without
break.
The period from 01.06.1990 to 23.03.1993 has not
been regularized. Hence, she has approached before the
authority for regularizing it on the ground that laches not lie
on her part and if she has not been allowed to discharge her
duty even though she was attending the school regularly.
The said period cannot be discontinued by taking out the
period of service otherwise it will amounts to harsh
punishment of leading to discontinuity in service.
The opposite party no.3 has filed counter affidavit
wherein it has been stated that in pursuant to the order
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passed by this Court in O.J.C. No.346 of 1991, the matter
relating the period 01.07.1988 to 30.06.1989 has been
enquired into by the then Inspector of School, Cuttack Circle
who was submitted a report that she was appointed on the
basis of forged appointment, since Secretary has appointed
her in Arts Teacher in place of Science Teacher which
convince the Government instruction.
The petitioner perform her duty from July 1990 to
September 1990, but the continuation of the teacher was not
possible due to vehemently public opposition and as such,
she was shifted another school, namely, Damoder High
School, Ayatpur.
It has been stated further that the Inspector of
Schools, Kendrapara Circle, Kendrapara has requested the
Directorate of Secondary Education, Odisha, Bhubaneswar
vide Letter No.2461 dated 24.3.2008 for condonation of
period from 01.06.1990 to 23.3.1993 of the petitioner.
The Directorate of Secondary Education, Odisha,
Bhubaneswar has instructed to District Education Officer,
Kendrapara for submission of certain information/documents
vide Memo No.30961 dated 25.07.2013 and the matter was
pending before the Directorate, but thereafter the impugned
order was passed on 31.07.2014, which has been assailed in
this writ petition.
This Court, after hearing the learned counsel for the
parties and after appreciating their rival submission, is of the
view that, the impugned order was passed on the basis of the
report submitted by the ten Inspector of Schools who was not
approved the period from 01.06.1990 to 23.3.1993, but it is
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evident from the counter affidavit that the
subsequent Inspector of Schools, Kendrapara Circle,
Kendrapara has requested the Directorate of Secondary
Education, Odisha, Bhubaneswar vide Letter No.2461 dated
24.03.2008 for condonation of period from 01.06.1990 to
23.3.1993.
It is not evident from the counter affidavit that what
led the Inspector of Schools, Kendrapara Circle, Kendrapara
in recommending the case of the petitioner before the
Directorate for condonation of the said period.
As such, Mr. S.K. Samal, learned Standing Counsel
appearing for the School & Mass Education Department is
directed to bring on record the reports of both the Inspector of
Schools basis upon which the impugned order dated
31.07.2014 has been passed and the other report wherein the
recommendation has been made for continuation of the
period in question.
He is further directed to file an affidavit annexing
both the reports within a week.
List this case on 16.5.2018.
.......................
S.N.Prasad,J.
DA