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2009 Supreme(Ori) 879

L.MOHAPATRA, B.N.MAHAPATRA
STATE OF ORISSA – Appellant
Versus
PADMINI KAR – Respondent


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 o
















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