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1992 Supreme(Ori) 317

B.L.HANSARIA, B.N.DASH
MANAGING COMMITTEE, MAJHIPADA M. E. SCHOOL – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
Deepak Misra, R.N. Naik and A. Deo and J.K. Rath, Amicus curiae, for the Appellant; A.K. Nayak and Debakinandan Mohapatra and Addl. Standing Counsel, for the Respondent

JUDGMENT :

B.L. Hansaria, C.J. - An important question relating to the security of service of teachers of aided schools is involved in the present case. The importance of the subject-matter itself calls for a cautious approach by us. A feeling of security of service being necessary for drawing the best out of men, a Court cannot be a party which would shake this faith of teachers whose contribution is also material for the progress of a nation as they build the future citizens of a country.

2. We have opened the judgment with the above thoughts, because we have been called upon in the present case to decide whether the termination of the service of opp. party No. 6, Rasananda Lenka, who was serving at the relevant time as the Headmaster of Majhipada M.E. School, was in accordance with law or not.

3. The facts of the case lie in a narrow compass. Rasananda had been first appointed in the school as an Assistant Teacher on 1-7-1983 temporarily, but he continued to serve as such till he was appointed as the Headmaster of the school, first on ad hoc basis and then permanently, by order dated 4-4-1987 with effect from 6-4-1987. The school started receiving the grant-in-aid from 1-8-1987. Su

























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