The court affirmed that previous employment claimed by a Swechhasevi Sikshya Sahayak was invalid due to prior judicial orders deeming the recruitment process null and void, thus rejecting claims for regularization.

ORDER :

This intra-Court appeal preferred under Clause-10 of the Letters Patent constituting the High Court of Judicature at Patna is directed against the judgment dated 22^nd December, 2023 passed by the learned Single Judge in W.P.(C) No.7525 of 2018 (which is one of the cases tagged to WP(C) No.5398 of 2018 and batch).

2. Facts adumbrated by the appellant in the writ appeal reveals that the appellant, having passed High School Certificate examination, was engaged as Swechhasevi Sikshya Sahayak in pursuance of engagement order dated 10th February, 2004 and entered into agreement with the Collector-cum-Chairman, DPEP/SSA and CEO, Zilla Parisad, Mayurbhanj.

2.1. Grievance of the appellant in the writ petition was that despite completion of three years of engagement, she was not appointed as Junior Teacher. Her further grievance was that she was not regularized in service even after completion of six years.

2.2. By Office Order dated 26^th March, 2018 issued by the Collector-cum-Chief Executive Officer, Zilla Parishad, Mayurbhanj, 166 numbers of Swechhasevi Sikshya Sahayaks including the appellant working in different schools have been disengaged from service. The relevant portion of the said Office Order reads as under:-

“In view of the direction of Government of Odisha School and Mass Education Department vide their letter No.18563/SME, dated 26.09.2017 and decision of Honourable High Court Odisha in W.P.(C) No.11748 of 2003 and WPC No.1751 of 2012 the following Swechhasevi Sikshya Sahayaks engaged after 26.09.2003 as per the instruction of Government of Odisha School and Mass Education Department vide letter No.894/SME, dated 26.09.2003 and not selected subsequently in pursuance to the advertisements issued subsequently are hereby disengaged with effect from the date of issue of this order.”

2.3. Challenging said Office Order, the writ petition was filed with the following prayer(s):-

“It is therefore prayed that this Hon’ble Court may graciously be pleased to admit the writ petition and issue Rule “Nisi” to the Opp. Parties to show cause as to;

(i) Why the disengagement of the petitioner as Sikshya Sahayak vide the impugned order dated 26.03.2018 under Annexure-7 so far as it relates to the petitioner in the facts and circumstances of the case be declared as illegal and as such liable to be set aside; and

(ii) Why the opposite parties will not be directed to re- engage the petitioner as Sikshya Sahayak and allow him to continue in her place of posting i.e. Raibadi Primary School as before forthwith; and

And if the Opp. Parties do not show cause then the Rule be made absolute by issuing appropriate writ/writs and any other order as deem fit be passed;

And for this act of kindness, the petitioner shall as in duty bound ever pray.”

2.4. Specific stand of the opposite parties is reflected in paragraph 6 of the counter affidavit filed by the District Project Coordinator, Samagra Shiksha, Mayurbhanj- opposite party No.3 in the writ petition, which reads as under:-

“6. That, it is humbly submitted that an advertisement was published on 25.03.2003 by the Director Elementary Education, Odisha inviting applications from the intending candidates to fill up 167 posts under Baripada Education District, 136 posts under Betnoti Education district, 32 posts under Udala Education district, 123 posts under Karanjia Education district and 419 posts of SSS under Rairangapur Education district in total 877 posts of Swechhasevi Shiksha Sahayak in Mayurbhanj District. The petitioner had submitted her candidature in response to the said advertisement for engagement as Swechhasevi Shiksha Sahayak under Rairangapur Education dis