Violation of natural justice and non-binding effect of an order due to non-joinder of a party.

JUDGMENT

Dr. B.R. Sarangi, J. - The petitioner, who was engaged as a Contract Teacher under TGT (CBZ) category and posted at Upgraded High School, T. Bagalpur, Khalikote, pursuant to the advertisement dated 02.11.2010, has filed this writ petition seeking to quash the order dated 15.11.2011 at Annexure-6 passed by opposite party no.3 disengaging and relieving him from the post, in pursuance of order dated 11.05.2011 passed by this Court in W.P.(C) No. 3732 of 2011 (Niharika Rath & 10 others vs. State of Odisha), and further seeks for a direction to opposite parties to reinstate him in service with all consequential service and financial benefits as due and admissible to the post held by him.

2. The factual matrix of the case, in hand, is that an advertisement was issued on 14.11.2009 inviting applications from eligible candidates for giving contractual appointment of Trained Graduate Science Teacher only to those who have CBZ at degree level. The said advertisement was challenged by one Baburam Pani in W.P.(C) No. 2356 of 2010 stating inter alia that engagement of Trained Graduate Science Teacher should not be confined only to persons having CBZ combination at degree level but should include the subjects, such as, Life Science, Micro Biology and Biotechnology etc. Subsequently, an advertisement was published on 02.11.2010 in Odia daily 'The Dhariti' for filling up of posts of Trained Graduate Teachers (CBZ), pursuant to which the petitioner applied for in respect of Ganjam Circle. As he fulfilled the eligibility criteria mentioned therein, by following due procedure of selection, he was selected under scheduled caste category, consequentially, an engagement order was issued in his favour by the Inspector of Schools, Ganjam Circle, Ganajm, vide office order dated 05.02.2011 which has been annexed as Annexure-3 to this writ petition, subject to fulfillment of conditions mentioned therein. One of the conditions was that the order of engagement was subject to outcome of W.P.(C) No. 2356 of 2010 (Baburam Pani vs. State of Orissa and others). Knowing fully well the above condition, as stipulated in the engagement order, the petitioner joined in the post on 07.02.2011 in Upgraded High School, T. Bagalpur in the district of Ganjam. He continued to discharge his duty peacefully and his contractual engagement was renewed up to 28.02.2012 by virtue of order dated 01.03.2011 of the Inspector of Schools, Ganjam Circle, Berhampur. But unfortunately, he was disengaged from service vide order dated 15.11.2011 in Annexure-6 on the basis of the order dated 11.05.2011 passed in W.P.(C) No. 3732 of 2011 (Niharika Rath and others v. State of Orissa and others), wherein the petitioner was not impleaded as a party. Hence this application.

3. Mr. K. Swain, learned counsel appearing for the petitioner contended that the order of disengagement dated 15.11.2011 passed by the Inspector of Schools, Ganjam Circle, Brahmapur vide Annexure-6 is an outcome of non-application of mind and it violates the principles of natural justice, as no opportunity of hearing was given to the petitioner while he was disengaged from service. It is further contended that as per the terms and conditions of the engagement order issued under Annexure-3, his engagement was subject to outcome of W.P.(C) No. 2356 of 2010 (Baburam Pani vs. State of Orissa and others), but the order impugned has been passed relying upon the order dated 11.05.2011 passed by this Court in W.P.(C) No. 3732 of 2011 (Niharika Rath & 10 others vs. State of Odisha), in which the petitioner was not a party. Thereby, the order so passed disengaging and relieving the petitioner w.e.f. 15.11.2011 cannot sustain in the eye of law. To substantiate his contention, he has relied upon the judgment of this Court in Ganeswar Hansda v. State of Odisha & Others, 2020 (I) ILR-CUT-113.

4. Mr. B. Prusty, learned Standing Counsel for School and Mass Education Department contended that admittedly engagement order was issued i