Orissa High Court. Telegraph picture

Cuttack, Jan. 5: Orissa High Court today initiated contempt proceedings against commissioner-cum-secretary of the school and mass education department Aparajita Sarangi for giving promotion to 400 non-government primary school teachers who had been declared as government employees.

They had been given promotion without seeking permission of the high court. An earlier dispute related to their declaration as government servants had been under adjudication.

All Orissa Lower Secondary Teachers’ Association (AOLSTA) and others had filed a contempt application alleging violation of a high court order issued on May 20, 2010. The interim order had imposed restrictions on fixation of seniority of primary and upper primary school teachers without taking permission of the court.

On December 13, the court directed Aparajita to make personal appearance on January 5 and showcause as to why contempt proceeding should not be initiated against her. Today she filed a showcause affidavit seeking “unconditional and unqualified apology” and urging the court to drop the proposed contempt proceeding.

“However, the two-judge bench of Justice B.P. Das and Justice Sanju Panda rejected the showcause affidavit and initiated contempt proceedings against her, while posting the case for final hearing on December 19,” AOLSTA counsel Sharat Kumar Das told The Telegraph today.

Aparajita had, in her affidavit, stated that she was “under a bona fide belief that under the existing rules, promotions can be given effect to as per the May 20, 2010, high court order”.

To meet demands of quality teachings as contemplated under the Right of Children to Free and Compulsory Education Act, she had requested director of the elementary education to go ahead with the promotion process from Level V to IV and from Level IV to III in accordance with existing rules subject to outcome of writ petitions, the affidavit stated.

As evident, the dispute centred round a ruling issued by the State Administrative Tribunal (SAT) on April 27, 2010, on a petition filed by the AOLSTA.

AOLSTA challenged the gradation list which had given en masse seniority to non-government primary school teachers declared government servants by a resolution passed by the education and youth services department on September 26, 1989, over teachers of aided non-government upper primary schools which were taken over by resolution of education department on May 12, 1992.

According to SAT rules, “Assistant teachers of non-government primary schools deemed government servants from September 5, 1989, cannot be covered under the Orissa Elementary Education (method of recruitment and conditions of service of teachers and officers), Rules, 1997, as their schools were not specifically declared as government schools at any given point of time”. The tribunal then had directed the state government to fix seniority of teachers as per resolution of the education department on May 12, 1992, on the basis of which aided non-government upper primary schools were taken over.

Subsequently, petitions challenging the SAT order were filed in the high court. The state government had also filed one petition.

The high court, in one of the petitions, on May 20, 2010, issued an interim order, which said: “In the meantime, the order dated April 27, 2010, passed by the State Administrative Tribunal along with a batch of cases shall not be given effect to without leave of this court.”

Lalmohan Patnaik

Cuttack, January 5 - The Orissa High Court today initiated contempt proceedings against Aparajita Sarangi, Commissioner cum Secretary School and mass education department, in connection with promotions given to 400 odd non-government primary school teachers who were declared as government employees. They had been given promotion without seeking permission of the High Court before which dispute related to their declaration as government servants was under adjudication.

All Orissa Lower Secondary Teachers Association (AOLSTA) and others had filed a contempt application alleging violation of a High Court order issued on May 20, 2010.The interim order had imposed restrictions on fixation of seniority of primary and upper primary school teachers without taking permission of the Court.

The Court had on December 13, 2010 directed Aparajita Sarangi to make personal appearance on January 5, 2011 and show cause as to why contempt proceeding should not be initiated against her. She appeared before the Court in person today and filed a show cause affidavit seeking “unconditional and unqualified apology” and urging the court to drop the proposed contempt proceeding.

“But the two judge bench of Justice B.P.Das and Justice Sanju Panda rejected the show cause affidavit and initiated contempt proceedings against School and mass education department Commissioner cum Secretary Aparajita Sarangi, while posting the case for final hearing on December 19”, AOLSTA counsel Sharat Kumar Das told The Telegraph today.

Sarangi had in her affidavit stated that she was “under a bona fide belief that under the existing rules and promotions can be given effect to as per the May 20, 2010 order of High Court and hence to meet the demands of quality teachings as contemplated under the Right of Children to Free and Compulsory Education Act this deponent (Aparajita Sarangi) in good faith has requested the Director Elementary Education to go ahead with the promotion process from Level V to IV and from Level IV to III in accordance with existing rules subject to outcome of writ petitions”.

As evident the dispute centered round a ruling issued by the State Administrative Tribunal (SAT) on April 27, 2010 on a petition filed by AOLSTA.

AOLSTA had challenged the gradation list which had given en masse seniority to non-government primary school teachers declared government servants by a resolution passed by the Education & Youth Services department on September 26, 1989 over teachers of aided non-government U.P schools which were taken over by resolution of education department on May 12, 1992.

SAT had ruled that “the Assistant teachers of non-government primary schools deemed government servants from September 5, 1989 cannot be covered under the Orissa Elementary Education (Method of Recruitment and Conditions of Service of teachers and officers), Rules, 1997 as their schools were not specifically declared as government schools at any given point of time”. The Tribunal then had directed the state government to fix seniority of teachers as per resolution of education department on May 12, 1992 on the basis of which aided non-government U.P schools were taken over.

Subsequently, petitions challenging the SAT order were filed in the High Court. The State government had also filed one petition.

The High Court in one of the petitions had on May 20, 2010 issued an interim order, which said : “In the meantime, the order dated 27.4.2010 passed by the State Administrative Tribunal along with a batch of cases shall not be given effect to without leave of this Court”.