Back
SASHIKANTA MISHRA
Pratap Chandra Nayak – Appellant
Versus
State of Odisha – Respondent
JUDGMENT
Sashikanta Mishra, J. - The petitioners have undertaken multiple journeys to this Court seeking the desired relief. The present writ application which, hopefully would be their last in so far as this particular grievance is concerned, has been filed seeking the following relief:
'Under the above circumstances, it is therefore humbly prayed that this Hon'ble Court may be graciously pleased to direct the opp.party no.3 to release the arrear as well as the current salary of the petitioners already sanctioned vide order under Annexure-5 and 6 respectively within a stipulated period'
2. Bereft of unnecessary details, the facts of the case are that the petitioner no.1 was appointed as the Headmaster of the School by the Managing Committee after following due process of selection upon death of the previous incumbent. The petitioner no.2 was appointed against the post of Assistant Teacher. The school, namely, Mangala U.P. School at Naguan in the district of Jajpur was established in the year 1992 and was notified as an aided educational institution as per Section-3(b) of the Odisha Education Act, 1969 (in short, the Act) w.e.f. 01.01.2004 and block grant was sanctioned and released
The court affirmed the principle that school staff must receive due salary and benefits unless proven otherwise, emphasizing continuity of service without interruption or unjust denial.
The court affirmed that a teacher's continuity of service must be upheld unless substantiated by evidence; the withholding of salary without due process constitutes a violation of rights.
The appointment of teachers must be approved for salary and benefits as per court decisions, overriding current authority objections based on procedural violations.
Appointments made with proper oversight and approval cannot be deemed illegal solely due to procedural irregularities, especially when no disciplinary actions have been taken against the appointees.
Service Matter1 - Under Section 106 of the Schedule “F”, it is nowhere provided that if the appointment of Teacher is made in Non Granted School, then Teacher cannot be given an appointment in the gr....
The court clarified the employment status of the petitioner and directed verification of salary arrears computation, emphasizing the need for proper documentation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
