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IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, MURAHARI SRI RAMAN
Damayanti Patra, Daughter of Mahendranath Patra – Appellant
Versus
State of Odisha, Represented though Commissioner-cum-Secretary to Government, School & Mass Education Department – Respondent
| Table of Content |
|---|
| 1. engagement as swechhasevi sikshya sahayak (Para 2) |
| 2. supreme court restored case for merit hearing (Para 3) |
| 3. contention for regularization of service (Para 4 , 5) |
| 4. invalidation of recruitment process post-26.09.2003 (Para 6) |
| 5. lawful basis for disengagement and judgment adherence (Para 7) |
| 6. dismissal of appeal (Para 8) |
ORDER :
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.
2.2. By Office Order dated 26th 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:-
2.3. Challenging said Office Order, the writ petition was filed with the following prayer(s):-
(i) Why the disengagement of the petitioner as Sikshya Sahayak vide the impugned order dated 26.03
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 ....
A hearing is essential to determine the validity of administrative disengagement, particularly when distinct recruitment processes and individual circumstances are at stake.
Authorities cannot disengage an employee based on their own errors during selection; principles of estoppel and approbation/reprobation apply.
Estoppel principle applies to prevent authorities from disengaging an appointed individual based on erroneous internal assessments, unless fraud or misrepresentation is proven.
The court upheld the principle that equity and service continuity must be considered against allegations of fraud in candidate qualifications, denying disengagement based solely on fraudulent submiss....
The principle of equity and justice must guide recruitment processes, balancing the ramifications of alleged fraud against the realities of long service and established candidates’ reliance on their ....
The withdrawal of engagement must follow the proper procedure as outlined in the relevant government order, and the principle of res-judicata applies to writ petitions.
Violation of natural justice and non-binding effect of an order due to non-joinder of a party.
The Division Bench's direction for reinstatement was binding and the impugned order of re-engagement was found to be in clear violation of the court's direction.
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