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2022 Supreme(Ori) 301

MRUGANKA SEKHAR SAHOO
Shivadatta Tripathy – Appellant
Versus
State of Orissa – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sidhartha Swain
For the Opposite Party : Mr. Sangram Jena, Standing Counsel

JUDGMENT :

M.S.SAHOO, J.

The writ petition has been filed by the petitioner, who is serving as Sikshya Sahayak in Banamalipur Government M.E. School, challenging the order dated 13.02.2015 (Annexure-8) passed by the Collector-cum-Chief Executive Officer, Zilla Parishad, Nayagarh-opposite party no.3, whereby, the Collector has heard the petitioner in person (pursuant to the earlier order passed by this Court in W.P.(C) No.9355 of 2014) and has rejected the claim of the petitioner to treat him as recruitee/appointee for the year 2011 and to accord him all consequential service benefits.

2.1. The brief background of the case is that on 23.01.2011, the opposite party no.3-Collector-cum-Chief Executive Officer, Zilla Parishad, Nayagarh issued advertisement for appointment of Sikshya Sahayak on contract basis in Upper Primary (U.P.)/Up-graded M.E. Schools in the district of Nayagarh. The petitioner applied for the post of Sikshya Sahayak under Nayagarh under the Trained Graduate Arts category. His candidature was rejected on the ground that Sikhya Sastri qualification of Rastriya Sanskrit Sansthan is not equivalent to B.Ed certificate.

2.2. The case of the petitioner is that the petitioner p

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