Pramath Patnaik, J. - (1.) In the captioned writ application, the petitioner has inter alia prayed for direction upon the respondents to adjust the services of the petitioner against the vacant and sanctioned post of Sanskrit Teacher under the respondent no.4, which is a recognized school along with the pay scale and payment of arrear of salary with all consequential benefits.
(2.) Bereft of unnecessary details, the brief facts, as has been disclosed in the writ application, is that the petitioner having requisite qualification joined his services in a recognized school with effect from 13.02.1996. From the date of joining in the said school, the petitioner has been discharging his duties against the said post of Sanskrit subject as evident from Annexure-1 series. One advertisement was published by the school in question which is a minority recognized school being fully controlled by the State Government and the petitioner having requisite qualification, submitted application for being considered on the post of permanent Sanskrit Teacher. However, the petitioner also submitted representation before the respondent no.4 including the respondent nos.2 and 3 for consideration of his case for permanent absorption, since the petitioner has been working on the said post of Sanskrit subject since 13.02.1996. In spite of the representations submitted by the petitioner for adjustment/absorption/regularization on the post of permanent teacher in Sanskrit subject, in view of the vacant and sanctioned post, the petitioner left with no alternative, has approached this Court under Article 226 of the Constitution of India for redressal of his grievance.
(3.) Learned counsel for the petitioner has strenuously urged that the respondent authority ought to have considered the case of the petitioner for permanent absorption on the post of Sanskrit teacher, in view of long uninterrupted services rendered by the petitioner since 1996. Learned counsel for the petitioner further submits that the advertisement published by the respondent no.4- St. Francis High School, Poriyahat for selection for the post of Sanskrit teacher, where the petitioner has been rendering unblemished services having the requisite qualification for more than one decade, should have been justified on the anvil of Article 14 and 16 of the Constitution of India.;