JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. As in all these appeals basic factual matrix is the same, except that the dates are different, and the points of law involved belong to the same spectrum; they are disposed of by this common judgment.

3. The factual background can be adumbrated concisely as follows:

The responded No.1 in each case filed a writ application before the Orissa High Court claiming that he was appointed as "fourth peon" by the management of the concerned institution, which is an "aided educational institution" as defined under the Orissa Education Act, 1969 (in short the Act ) and Orissa Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974 (in short Recruitment Rules ). It is not in dispute that if an institution is an aided educational institution, same is governed by the Act and rules framed thereunder. The Recruitment Rules are framed under the Act. As the functionaries of the State did not approve the appointment holding the same to be beyond the prescribed yardstick, writ applications were filed for direction to the concerned authorities to accord approval to the appointment.

4. The High Court by the impugned judgments in separate writ applications came to hold that the functionaries of the State were not justified in refusing to accord approval. Stand of the State Government was that circular dated 8.7.1981 contained yardstick for fixation of standard staff for the Non-Government Secondary Schools in supersession of earlier circulars. Under the "category of staff the number of peons which can be appointed was clearly spelt out. Only if the roll strength of the institution exceeded a particular number, one post of "Daftary" was admissible. According to the State Government the post of "Daftary" is a promotional post and, therefore, the concept of a "fourth peon as sought to be canvassed by the writ petitioners is without any legal foundation. The position was further clarified by Circular dated 27.3.1992. The High Court on consideration of the rival stands came to equate the "fourth peon" with "Daftary" and held the claim of the writ petitioners warranted acceptance.

5. In support of the appeals learned counsel for the State of Orissa submitted that the High Court missed to consider several vital aspects. Firstly, there is no prescription of a "fourth peon" in the yardstick prescribed. The post of "Dafrty" is a promotional post and it carries higher scale of pay. That being the position, the last entrant cannot claim the post of the "Daftary".

6. Per contra, learned counsel for the concerned writ petitioners submitted that the High Court has considered the circulars and come to the right conclusion that the claim for appointment as the "fourth peon" is legally enforceable.

7. At this juncture it is to be noted that at different points of time yardsticks were formulated.Government of Orissa, Education & Y.S. Department, issued Circular No. 28365-EYS dated 8.7.81 fixing standard staff for the non-government secondary schools. So far as peons are concerned, the relevant portions of the circular read as follows:

"Category of staff 3 class 5 class 7 class

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9, Peons

(i) Office Peon 1 1 1

(ii) Office Attendant 1 1 1

(iii) Night watcher cum sweeper 1 1 1

Notes

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C) (ii) Where the roll strength of the school exceeds 100 one post of Daftary is admissible.

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Subsequently by another circular No.155000-XVIIEP-50/91-E, dated 27th March, 1992 the position was further clarified as under:-

"I am directed to say that the question of fixation of revised yardstick for appointment of class IV employees in Non-government Secondary Schools was under consideration of Government for some time past.