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IN THE HIGH COURT OF ORISSA AT CUTTACK
KRISHNA S.DIXIT, CHITTARANJAN DASH
Governing Body of Ispat College, Rourkela – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. background of employment dispute (Para 1 , 2) |
| 2. arguments of the appellant regarding misclassification (Para 3) |
| 3. court's analysis on employment practices and fairness (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 4. affirmation of the learned single judge's ruling (Para 11) |
| 5. dismissal of appeals with directions (Para 12) |
JUDGMENT :
1. This intra-court appeal is filed by the Appellant i.e. Governing Body of Ispat College, Rourkela, assailing the judgment dated 19.07.2024 passed by the learned Single Judge in W.P.(C) No. 19898 of 2011, whereby the writ petition filed by Respondent No.3 was allowed and the action of the College management in disengaging him was interfered with, coupled with a direction which, according to the appellant, virtually amounts to treating the respondent No.3 as a regular appointee. The present appeal also takes exception to the consequential dismissal of the review petition, being RVWPET No. 198 of 2024, by order dated 19.03.2025 These intra-court appeals, being W.A. No. 788 of 2025 and the connected W.A. No. 791 of 2025, are filed by the Appellant– Governing Body of Ispat College, Rourkela. W.A. No. 788 of 2025 assails the judgment dated 19.07.2024
Arbitrary disengagement of a part-time lecturer denies rights and fair treatment, affirming that continued temporary employment must align with judicial orders and legality.
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 ....
Temporary appointments do not create a vested right for regularization unless specific conditions, including a minimum service period without interim protection, are met.
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.
The court recognized the right of the State to appoint persons on temporary basis to meet its exigencies, and held that the failure of the ATTC to maintain the student to lecturer ratio and the petit....
No such order of absorption and/or regularisation even if required for creating supernumerary posts and not to treat the same as precedent could have been passed by the High Court in exercise of powe....
Irregular appointments can be regularized, distinguishing them from illegal appointments, which cannot be ratified, as established by the Supreme Court.
No order of absorption and/or regularisation even if required for creating supernumerary posts and not to treat the same as precedent could have been passed by the High Court in exercise of powers un....
Contractual employees cannot be replaced without adhering to established recruitment procedures, ensuring their rights under public employment principles.
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