Back
2017 Supreme(Ori) 888
IN THE HIGH COURT OF ORISSA, CUTTACK
SUJIT NARAYAN PRASAD, J.
Ramesh Ch. Dash and Ors. - Petitioners
Versus
State of Orissa and others - Opposite Parties
W.P. (C) Nos. 2593 & 2594 of 2003
Decided On : 18-10-2017
For the Petitioners: M/s. K.K. Swain, B. Jena, P.K. Mohanty
For the Opposite Parties : Mr. S. Mohanty, M/s. Sanatana Das, P. Tripathy
The main legal point established in the judgment is that the authorities must act within their jurisdiction when validating the services of employees under the Validation Act, 1998, and any decision must be in accordance with the law.
Headnote:
Validation Act - Appointment of Lecturers - Orissa Aided Educational Institutions (Appointment of Lecturers Validation) Act, 1998, Section 3 - The court discussed the provisions of the Validation Act, 1998 and its conditions for validating the services of lecturers working under aided colleges. The court highlighted the eligibility qualifications and the jurisdiction of the authority to scrutinize the appointment records.
Fact of the Case:
The petitioners, appointed as lecturers in an aided educational institution, sought validation of their services under the Validation Act, 1998. The authorities initially validated their services but later found manipulation in the appointment records and held their validation to be illegal.
Finding of the Court:
The court found that the authorities exceeded their jurisdiction in scrutinizing the appointment records and held that the impugned order was not in accordance with the law.
Issues: The main issue was whether the authorities had the jurisdiction to scrutinize the appointment records and invalidate the petitioners' services under the Validation Act, 1998.
Ratio Decidendi: The court held that the authorities did not have the jurisdiction to scrutinize the appointment records and invalidate the petitioners' services under the Validation Act, 1998. The court also emphasized that the impugned order was not in accordance with the law.
Final Decision: The court quashed the impugned order and allowed the writ petitions in favor of the petitioners.
JUDGMENT :
S.N. Prasad, J.
This writ petition is under Article 226 and 227 of the Constitution of India, wherein the petitioners have assailed the order dated 22.02.2003 under Annexure-5 whereby and where under the petitioners have been held to be not entitled to get the benefit under the Validation Act, 1998.
2. Case of the petitioners in brief is that they have been appointed as Lecturer in Botany (1st Post) on 16.08.1986 and Lecturer in Physics (1st Post) on 1.10.1988 by the Governing Body of the S.S.B. College in the district of Kendrapara, an aided educational institution respectively.
3. The Government has taken a conscious decision for validating the services of appointment of certain lecturers of aided college and junior colleges in the State by enacting an Act in the name of the Orissa Aided Educational Institutions (Appointment of Lecturers Validation) Act, 1998 (hereinafter referred as Act, 1998), whereby and where under the decision has been taken under Section 3, that the lecturers of Aided Colleges and aided Junior Colleges who have been appointed on temporary basis against approved or admissible posts by the concerned Governing Bodies during the period between the 1st January, 1985 and 31st December, 1992 and are continuing as such, having requisite qualifications prescribed to hold such post and are in pay roll of the concerned College against the said approved or admissible post, as the case may be, shall be deemed to have been validly and regularly appointed and no such appointment shall be challenged in any court of law merely on the ground that such appointment was made otherwise than in accordance with the procedure laid down in the Education Act or the rules framed thereunder, provided that the validation of the appointments as aforesaid shall not put persons already appointed regularly and validity or persons who may be appointed on the basis of the recommendations made by the Selection Board prior to the commencement of this Act, in a disadvantageous position in any manner whatsoever.
The authorities in the light of the said provision has taken decision for validating the service of the petitioner by passing an order in this regard on 9.1.2001 under order No.1469, whereby and where under the service of the petitioners has been validated w.e.f. 1.6.1987 and 3.10.1988 and the name of the petitioners appear at Sl No.4 and 3 respectively in the said order.
The competent authority, in the light of the decision taken by the authority under the Validation Act, by validating the service of the petitioners has also passed an order for payment of grant-in-aid to these lecturers being subject to stipulation under Section 7-C(1) of the Orissa Education Act, 1969, wherein the name of the petitioners appears at Sl. Nos.4 and 3 respectively.
4. Case of the petitioners is that however their service has been validated but their arrears of salary during 1996 to 2001 since been not paid, they have filed the writ petition bearing 10083 of 2001 and 10085 of 2001 respectively and a coordinate Bench of this Court while disposing the writ petitions vide order dated 16.08.2001 has directed the State authorities to take decision with respect to the grievance of the petitioner in the light of the ratio decided in the case of Mrs. Laxmipriya Das and others vrs. State of Orissa and others (OJC No. 8997 of 2001).
The petitioners have made due representation for redressal of their grievance in the light of the order passed by this Court but when the authorities have not acted upon the same, they have filed contempt before this Court and during pendency of the contempt petition, the authorities have come out with an order dated 22.2.2003, whereby and where under their service has been found to be illegally validated under the provision of the Validation Act, 1998, reason assigned therein that there is manipulation in the official records of the Governing Body regarding their appointment.
5. The contention raised by the learned counsel for the
