Inordinate delay or laches is a ground to refuse relief to the Petitioners irrespective of the merit of their claims.

JUDGMENT :

B.N. Mahapatra, J. - In this Writ Petition, challenge is made to the legality and propriety of the Order Dated 24.02.2003 passed by the Orissa Administrative Tribunal (for short, the 'Tribunal') under Annexure-7 directing the Petitioners to appoint the Opp. Party as a regular Primary School Teacher in the concerned Education Circle, which is earmarked for the category to which she belongs in the existing vacancy and if no such vacancy is available against the next future vacancy by relaxing Orissa (Elementary Education Service) Rules 1997, (for short, the 'Rules 1997') & the Resolution and Orders.

2. Bereft of unnecessary details, the facts and circumstances giving rise to filing of this Writ Petition are that the Government of Orissa in the erstwhile Education and Youth Services Department vide Letter No. 44157-(2) dated 01.10.1989 (Annexure-1), addressed to the Director, Secondary Education and Elementary Education, Orissa communicated its decision that all vacancies in the teaching post in High and Middle (Upper Primary) Schools both Government and Non-Government shall be filled up only with Sikhyakarmis, who will be regularized in due course as teachers. Upon receipt of such communication vide Annexure-1, the Director, Elementary Education, Orissa, instructed all the D.I. of Schools to act as per the aforesaid instructions of the Government. Accordingly, the Opposite Party was appointed vide Order No. 330 dated 17.3.1990 (Annexure-2) issued by the Secretary of-the Managing Committee of Purunabasti Municipal M.E. School, Jharsuguda.The aforesaid appointment of the Opposite Party was approved by Petitioner No. 4-D.I. of Schools, vide Annexure-3 dated 25.05.1991 for a period of one year with effect from 20 03.1990. Subsequently, Petitioner No. 4 vide his Order No. 4813 dated 17.12.1991 (Annexure-4) approved the appointment of the Opposite Party as Sikshyakarmi with effect from 20.3.1991 until further orders. While the Opposite Party was working as such, the School which was an aided School was taken over by the Government by virtue of the Resolution dated 12.5.1992 with effect from 01.4.1991 and, as such, the said School became a new taken-over Government M.E. School. Thereafter, the Government by Order No. 410 dated 3.1.1996 (Anexure-5) abolished the Scheme of Sikshyakarmi. By Order No. 33380/SME dated 18.10.1996 (Annexure-6) the Government instructed that all categories of Sikshyakarmis deemed to be retrenched with effect from 03.01.1996. In the year 1994, the Opposite Party filed O.A. No. 2129 of 1994 (subsequently renumbered as O.A. No. 82(S) of 1994) before the Tribunal for regularization of her services against regular vacancy on the ground that she the had been continuing since 1990 and similarly situated persons had been regularized against the posts of Primary School Teachers. The Tribunal vide its Order Dated 24.2.2003, allowed the Original Application with above direction to the Opposite Party. Being aggrieved by the aforesaid order, the Petitioners have filed the present Writ Petition.

3. The Learned Counsel appearing on behalf of the School & Mass Education vehemently argued that the Tribunal has committed a grave error of law in directing regularization of appointment of the Opposite Party without taking into consideration the policy decision of the Government not to fill up the vacancy of Primary Teacher, on regular basis, with effect from 03.10.2000. The Opposite Party having not challenged the termination of her engagement as Sikhyakarmi with effect from 3.1.1996, the question of regularization of her appointment does not arise. The Tribunal has not considered the Scheme contained in the Resolution dated 3.10.2000 in its proper perspective. The appointment of the Opposite Party as Sikhyakarmi was on annual basis and the Government by Order No. 410 dated 3.1.1996 abolished the Scheme of Sikhyakarmi, & by Order Dated 10.8.1996 instructed that all categories of Sikhyakarmi, shall be deemed to be retrench