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IN THE HIGH COURT OF ORISSA AT CUTTACK
ANANDA CHANDRA BEHERA
Sabita Parida – Appellant
Versus
State of Orissa – Respondent
JUDGMENT :
ANANDA CHANDRA BEHERA, J.
1. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the Office Order dated 06.05.2016 under Annexure-10, which was passed/issued by the Collector-cum- Chief Executive Officer, Zilla Parishad, Mayurbhanj (Opp. Party No.2) disengaging the petitioner from Shikshya Sahayak with effect from the forenoon of 19.04.2016.
2. The factual backgrounds of this writ petition, which prompted the petitioner for filing of the same is that, as per advertisement of the Government for the selection of Shikshya Sahayaks in Betnoti Block of Mayurbhanj District, the petitioner along with others applied for the same. After taking the application, mark sheets and other documents of the petitioner into account, the Opp. Parties selected to the petitioner as Shikshya Sahayak and then, as per the guidelines of the Government, on proper execution of an agreement on dated 22.03.2011 with the Collector-cum-Chief Executive Officer, Zilla Parishad, Mayurbhanj (Opp. Party No.2), she (petitioner) was appointed as Shikshya Sahayak in Jalghera Primary School under Tarkani Gram Panchayat of Betnoti Bl
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 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 ....
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.
A hearing is essential to determine the validity of administrative disengagement, particularly when distinct recruitment processes and individual circumstances are at stake.
The main legal point established is that a person is borne in a post only when a formal appointment order is issued, and service benefits cannot be claimed prior to the date of joining a position.
The State cannot differentiate between temporary and permanent disabilities in employment; individuals must not be deprived of their rights due to flaws in disability assessment, affirming equal trea....
Violation of natural justice and non-binding effect of an order due to non-joinder of a party.
Fraudulent suppression of facts in obtaining educational qualifications renders such qualifications void, and individuals cannot benefit from their fraudulent actions.
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