Orissa HC tells govt to reappoint staff disengaged with SIET closure

CUTTACK: The Orissa High Court has directed the state government to reappoint 15 employees who were disengaged from their services with the closure of State Institute of Educational Technology (SIET) in 2013.

The SIET had been functioning under the State Council for Educational Research and Training (SCERT) for promotion of primary and secondary level education through audio visual programmes since 1980. The state government conferred it autonomous status on January 1, 1990 on suggestion of Centre.

Prior to coming into being of SIET, the Central government had sanctioned creation of 120 posts. The state government had created 118 posts under the INSAT scheme at different times. However, the state government decided to close down the SIET on April 29, 2013 and disengaged several employees.

A batch of petitions were filed by 15 of the disengaged employees on May 7, 2013. “The disengagement was highly discriminatory as 63 other employees were relocated in various departments of the government by treating them to be on deputation,” the petitioners submitted.

Disposing of the petitions on April 25, Justice Sashikanta Mishra directed the state authorities to adjust the petitioners against available vacancies in any department or directorate granting them continuity of service and other service benefits.

“Necessary orders in this regard should be passed within three months from the date of communication of this judgment or production of certified copy thereof,” Justice Mishra added.

Justice Mishra held that the petitioners having been appointed against substantive posts created by the government after January 1, 1990, and continuing in service for more than two decades cannot be disengaged by treating them differently from employees appointed before January 1, 1990.

“The petitioners and the 63 employees stand on the same footing except for the condition of their appointment being co-terminus with the scheme. If the 63 employees were adjusted against different posts by applying the legal fiction of deputation, there is no reason why the petitioners should also not be appointed in similar fashion,” Justice Mishra observed.