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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
Smita Mohanty – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
B.P. ROUTRAY, J.
1. Heard Mr. B.Routray and Mr. P.K.Mohanty, learned Sr.Counsels for respective parties and Mr. G.Tripathy, learned AGA for State-Opposite Party No.1.
2. The Petitioner who is initially appointed as Computer Programmer vide engagement order dated 23rd June 2002 under Annexure-5 and joined on 1st July 2002 has been terminated from service as per the order passed under Annexure-1 dated 26th February 2021 on the ground of lack of requisite qualification.
3. The Petitioner appeared the walk-in-interview as per advertisement under Annexure-3 and she was selected as the Programmer on 1st July 2002. She discharged her duty satisfactorily and her service book was opened under Annexure-8. At the time of selection and as recorded in the service book, she had qualification of Diploma with Post-Diploma with Computer Integrated M.A. in P.R. Needless to mention here that the contract of engagement of the Petitioner was continued from time to time till the date of her disengagement on 26th February 2021 as per the impugned order. From 1st July 2002 to 26th February 2021, she continued uninterruptedly as her engagement was extended from time to time and in the meantime, her
Termination of long-serving employee deemed unfair after 17 years without qualification challenges.
Termination of long-serving employee based on qualifications previously accepted is illegal and unjust.
Termination of service based solely on lack of qualifications after long-term employment is arbitrary; practical experience outweighs initial educational requirements.
The court affirmed an employee's substantive qualifications over rigid formal requirements for educational degrees in determining employment eligibility.
The court affirmed that the equivalence of educational qualifications is a matter of State determination, limiting judicial review, while ensuring that unfilled vacancies warrant reconsideration of c....
The main legal point established in the judgment is that without the minimum qualification, an employee has no right to continue in public employment, even if the employee was not at fault for obtain....
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