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2022 Supreme(Ori) 147

SASHIKANTA MISHRA
Abhimanyu Mallick – Appellant
Versus
State of Orissa – Respondent


Advocate Appeared:
For the Appellant :M/s. K.K. Swain, S.C.D Dash & J.R. Khuntia, Advocates
For the Respondent: Mr. R.N. Acharya, adv

JUDGMENT :

SASHIKANTA MISHRA, J.

The petitioner, after facing due process of selection was engaged as Contract Teacher (P.E.T.) as per order dated 30.05.2012 passed by the District Education Officer, Dhenkanal (opposite party no.3) and joined as such on 08.06.2012. Such engagement being on contractual basis, the petitioner executed an agreement renewable from year to year. As such, the petitioner completed six years of satisfactory service w.e.f. 08.06.2018. It is stated that as per the Odisha Group “C” and Group “D” posts (contractual appointment) Rules, 2013 (in short “Rules, 2013”), the petitioner is deemed to have been regularized upon completion of six years of satisfactory service. By letters dated 17.12.2019 and 24.10.2019 of the Director, Secondary Education, Odisha, the name of the petitioner finds place in the list of similarly placed Contract Teachers who are to be regularized in service. While the matter stood thus, the opposite party no.3 issued an office order on 27.12.2019 disengaging the petitioner from service on the ground that he had remained in jail custody for more than 48 hours having been arrested in connection with a criminal case relating to murder of his wif

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