Page 1 of 4 IN THE HIGH COURT OF ORISSA AT CUTTACK WPC(OAC) No.2801 of 2010 Laxmi Sankar Rath …. Petitioner Mr.Bhiram Swain, Adv. -versus- State of Odisha & Ors. …. Opp.Parties Mr. H.K.Panigrahi ASC CORAM: DR. JUSTICE S.K. PANIGRAHI Order No. ORDER 18.04.2023 01. I.A. No. 2670 of 2021 & WPC(OAC) No. 2801 of 2010 1. This matter is taken up through hybrid arrangement. 2. This is an application for implementation of order dated 16.11.2010 passed in O.A No. 2801(C) of 2010 with regard to absorption/regularization/accommodation of the petitioner as a Lecturer in any College under the state Government within a stipulated period in response to the judgment of the Hon’ble apex Court on the basis of the past service, experience and qualification. 3. In compliance with the direction of the learned Tribunal, Mr. H.K.Panigrahi, Additional Standing Counsel for the State placed the order of the Government of Odisha, Department of Higher Education vide // 2 // order No.HE-FE-II-A-CASE-41/2016 30574/HE. Dated 28.10.2016, the relevant portion of the order is extracted hereunder: Whereas, the applicant was engaged as a Lecturer in Chemistry on contract basis in Rajendra College, Bolangir from 11.11.1988 in different spells with remuneration of Rs.25/- per class subject to a maximum of Rs. 1000/- per month. His engagement was finally terminated w.e.f. 10.07.2001 vide office order No. 5535/RC, dtd. 10.07.2001 of the Principal, Rajendra Autonomous College, Bolangir. Whereas, the Hon'ble OAT vide order, dtd. 06.11.2010 in the aforesaid O.A. has directed to pass appropriate orders on merit on the representation of the applicant in accordance with the existing rules and executive instructions taking into account the orders of the Hon'ble Apex Court in the concluding paragraph as at Annexure-4 to the O.A. In the order as at Annexure-4 to the O.A., the Hon'ble Apex Court vide order, dtd. 04.03.1994 in SLP (Civil) No. 2219-2226/1993 and SLP (Civil) No. 6891/1993 have allowed the Appeals filed by the State Govt. setting aside the impugned order passed by the Hon'ble OAT in O.A. No.161/1990 and 162/1990. The Hon'ble OAT in the order, dtd. 11.08.1992 passed in the aforesaid OAS have inter alia directed that services of the contract Lecturers who have worked as such for 3 years including the break shall not be terminated and they shall be absorbed as and when regular vacancies arise. The Hon'ble Tribunal in the said judgment have made it clear that the said judgment shall be treated as a judgment in rem and not a judgment in person and shall be // 3 // applicable to all contract Lecturers appointed by the State Govt.. However, the said order passed by the Hon'ble OAT was challenged before the Hon'ble Supreme Court and the Hon'ble Apex Court vide order, dtd. 04.03.1994 have allowed the appeals filed by the State Govt. and set aside the impugned order passed by the Hon'ble OAT. In the said order, the Hon'ble Apex Court have observed that the regular appointees alone have the right to be accommodated against the regular posts and such contract Lecturers have to vacate their posts unless wanted by the State to continue. In the said order the Hon'ble Apex Court have made it clear that the order would not stand in the O.A. of the State Govt. to accommodate the Respondents (contract Lecturers) on compassionate ground. It is worthwhile to mention here that appointment of Lecturers in Junior colleges is regulated by the Odisha Education Service in State's Scale of pay (Method of Recruitment and Conditions of Service) Rules, 2009. As per Rule-4 of the aforesaid rules recruitment of such Lecturers shall be made by direct recruitment through Odisha Public Service Commission. Further, as per Rule-17 of the said rules the State Government in the interest of public service can relax any of the provision of the aforesaid rules. In the instant case, it is seen that compassionate ground would be a matter of private interest, as it would help the person concerned. But by itself it cannot be a matter of public interest. Hence, the said clause cannot be invoked for appointment of the applicant as a Lecturer in Junior College on compassionate ground in relaxing the provision of the recruitment rules. Similarly, recruitment to the post of Lecturers in Degree Colleges is regulated by the Odisha // 4 // Education Service (College Branch) Recruitment Rules, 1990. As per Rule-4 of the said rules recruitment shall be made directly by the Odisha Public Service Commission. There is no relaxation clause in the said rules. Hence, in the face of statutory recruitment rules for appointment of Lecturers in Govt. Junior as well as Degree colleges, it is not possible to absorb the applicant as a Lecturer in a Junior college or Degree College on compassionate ground. Now, after going through the relevant records and after careful consideration of the representation of the applicant, the undersigned does not find any merit for absorption/ regularisation/ accommodation of the applicant as Lecturer in Chemistry in any Govt. college on compassionate ground, in view of the reasons stated above. In view of these reasons, the representation of the applicant having been duly considered is rejected. All concerned may be informed accordingly. 4. In view of the above order of the Government, the I.A stands disposed of. Consequently, the WPC(OAC) is also disposed of. 5. Issue urgent certified copy of the order as per Rules. (Dr. S.K. Panigrahi) Judge LB