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2026 DAILYLAW 2870 (ORI)

SANTANU KUMAR DEHURY v. STATE OF ODISHA

WP(C)/6986/2026 · 2026-03-30

Aditya Kumar Mohapatra

Writ Petition (Civil)body2026

Judgment text

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Page 1 of 5. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.6986 of 2026 Santanu Kumar Dehury ..... Petitioner Represented by Adv. – Mr. Krishna Chandra Sahu -versus- State of Odisha and others ..... Opposite Parties Represented by Adv. – Mr. C.M. Singh, ASC CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 30.03.2026 Order No. 04. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel appearing for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto. 3. By filing the present writ petition, the Petitioner has sought for the following reliefs:- It is therefore prayed that this Hon'ble Court be graciously pleased to allow the present writ petition by directing the Opp. Party No.3 & 4 for allowing the petitioner to continue as Guest Teacher as usual till the completion of his tenure as per the order of his engagement under Annexure-3 with further directing for release of consequential arrear remuneration w.e.f November, 2025 Page 2 of 5. onwards in favour of the petitioner with an immediate effect for the interest of justice. And may further be pleased to pass any other order(s) as deems fit & proper for the bona fide interest of justice. 4. Learned counsel for the Petitioner, at the outset, contended that the Petitioner being a TGT (CBZ Teacher) initially entered into Government service on 23.07.1990. After serving for more than three decades, the Petitioner has retired from service on attaining the age of superannuation with effect from 31.10.2020. 5. Learned counsel for the Petitioner, at this juncture, further contended that the selection committee of Angul Education District selected the Petitioner along with others for engagement as a Guest Teacher. Accordingly, the Petitioner was posted as a Guest Teacher in TGT (CBZ) at Kurudol GP High School, Turung in the Angul District vide order No.5517 dated 06.08.2025 issued by the DEO, Angul and, accordingly, the Petitioner has joined in duty on the very same day. 6. The grievance of the Petitioner in the present writ petition is that the service of the Petitioner as a Guest Teacher has been discontinued by the Opposite Parties. Learned counsel for the Petitioner contended that although there are vacancies in the school, the Petitioner is not being allowed to continue as a Guest Teacher in TGT (CBZ). He further contended that the tenure of the Petitioner’s service shall come to an end on 31.03.2026. However, the service of the Petitioner as a Guest Page 3 of 5. Teacher has been terminated prior to the expiry of its tenure as a Guest Teacher and that the Petitioner is not being paid the honorarium payable to the Guest Teachers. Being aggrieved by such illegal action of the Opposite Parties, the Petitioner has approached this Court by filing the present writ petition. 7. Learned counsel for the State, on the basis of the instruction vide letter dated 26.03.2026 of the District Education Officer, Angul, Opposite Party No.3 to the writ petition, submitted before this Court that the Petitioner has already attained 65 years of age. He further contended that the Petitioner has already completed 5 years’ service as a Guest Teacher after his retirement w.e.f. 01.11.2020 and his tenure as Guest Teacher has come to an end w.e.f 31.10.2025. He further contended that a regular TGT (CBZ) Assistant Teacher has already been appointed at Kurudol GP High School, Turung where the Petitioner was deployed as a Guest Teacher by the Opposite Party No.3. Further, referring to the instruction, learned counsel for the State contended that the service of the Petitioner as a Guest Teacher is no more required. In view of the aforesaid instruction, learned counsel for the State contended that the present writ petition is devoid of merit and, accordingly, the same should be dismissed. 8. In reply to the above, learned counsel for the Petitioner contended that the tenure of the Petitioner shall come to an end w.e.f. 31.03.2026. He further submitted that the services of the Petitioner as a Guest Teacher have not been terminated, Page 4 of 5. however, the Opposite Parties are not allowing him to discharge his duties. He further submitted that the Petitioner has not been paid his honorarium as a Guest Teacher for several months i.e. from November, 2025 onwards. In view of the aforesaid illegality, learned counsel for the Petitioner contended that the Opposite Parties be directed to allow the Petitioner to function as a Guest Teacher and the honorarium attached to the post of Guest Teacher be paid to the Petitioner expeditiously. 9. Having heard the learned counsels appearing for the respective parties, on a careful examination of the background facts, further taking note of the instruction provided from the office of the DEO, Angul, Opposite Party No.3 vide letter dated 26.03.2026, this Court is of the view that since a regular TGT (CBZ) Assistant Teacher has already been appointed at the school in question, the further continuance of the Petitioner as a Guest Teacher in the very same school does not arise. However, taking into consideration the experience of the Petitioner, this Court deems it proper to dispose of the writ petition by directing the Opposite Parties to utilize the service of the Petitioner as a Guest Teacher in the event any necessity thereto arises in the future, subject to the applicable guidelines/rules. Further, liberty is granted to the Petitioner to approach the Opposite Party No.3 for payment of his arrear dues, if any. In such eventuality, the Opposite Party No.3 shall do well to consider the grievance of the Petitioner as per guidance/rules/resolution dated 17.08.2016 of School & Mass Education Department, Government of Odisha and take Page 5 of 5. necessary steps to redress the grievance of the Petitioner within six weeks from the date the Petitioner approaches the Opposite Party No.3. While taking into consideration the grievance of the Petitioner, the Opposite Party No.3 shall take into consideration the instruction of the Directorate of Secondary Education, Odisha, Bhubaneswar vide letter No.4188 dated 13.02.2026. 10. With the aforesaid observation and direction, the writ petition stands disposed of. (Aditya Kumar Mohapatra) Judge Debasis `