SRI RABINARAYAN MOHAPATRA versus STATE OF ORISSA AND ORS.

Citation: [1991] 1 S.C.R. 990 · Decided: 02-04-1991 · Supreme Court of India · Bench: RANGANATH MISRA · Disposal: Appeal(s) allowed

Judgment (excerpt)

SRI RABINARA YAN MOHAPATRA 
A 
v. 
,,..,... 
STATE OF ORISSA AND ORS. 
APRIL 2, 1991 
B 
[RANGANATH MISRA, CJ, M.H. KANIA AND 
KULDIP SINGH, JJ.] 
Orissa Aided Educational Institution (Appointment of Teachers 
~ 
Validation) Act, 1989-Section 3-Legislative intention of-Appoint-
ment of teacher on 89 day basis with one day break-Discriminatory. 
c 
Orissa Aided Education Institutions (Appointment of Teachers 
-~ 
Validation) Act, 1989-Section 3-Scope and application of-Condi-
tions to be satisfied. 
The appellant was appointed as Hindi Teacher in the M.E. School 
~ 
D 
for a period of 89 days from July 12, 1982 by the District Inspector 
(Schools) on the recommendation of the Managing Committee of the 
School. He continued to serve the school with repeated spells of 89 
day-appointments and one day break in between the spells, till May 
25, 1986. He was not paid the salary for the period of summer vacations 
during all these years. 
E 
·-
Although the appellant continues to serve the school to date 
under orders of the managing committee, but his appointment after 1986 was 
not approved by the educational authorities, in spite of the resolution of 
the managing committee dated July 6, 1987. 
F 
The appellant filed a writ petition before the High Court claiming 
regularisation with effect from July 12, 1982, contending that he was 
entitled to be regularised in terms of the provisions of Section 3 of the ....._ 
Orissa Aided Educational Institutions (Appointment of Teachers Valida-~ 
tion) Act, 1989. 
G 
The High Court dismissed the petition holding that the appellant 
was not entitled to the benefit of the Validation Aci. against which 
present appeal was f"tled by the appellant contending that his services_ / 
were to be regularised with effect from July 12, 1982 under the pro- ~ 
visions contained in Sectinn 3 of the Validation Act. 
H 
Allowing the appeal, this Court, 
990 
---
...
·."' 
R. MOHAPATRA v. STATE OF ORISSA 
991 
HELD: 1.1. The Validation Act has been enacted by the Ol'Wa 
Legislature with the obvious object of granting relief to those members 
of the teaching community who are being exploited for years together 
by keeping them in short spell appointments like 89 day-appointments 
with one day break and in the process denying them their rightful dues 
and other service benefits. [994G-995A] 
1.2. An appointment on 89 day basis with one day break which 
deprives a teacher of his salary for the period of summer-vacation and 
other service benefits, is wholly arbitrary and. suffers from the vice of 
discrimination. The Validation Act covers the field upto December 31, 
t'984. The State of Orissa will do well to consider the cases of all those 
A 
B 
-. 
who have completed one year or more as ad~hoc teachers after 
C 
December 31, 1984 and come-out with a scheme or any other appro-
priate measure to regularise their sel-vices. [995C-D] 
2. To come within t~ purview of the Validation Act the following 
conditions are to be satisfied: 
1. The appointment by the managing authority of the school on 
ad hoc basis must be on or after the 1st December 1976 but not later 
than 31st December 1984. 
2. The services as such teacher is continuous for a period of at 
least one year without any break or with a break or breaks in one or 
more aided schools; 
3. Is continuing as such teacher or his services were terminated 
after the 31st December, 1984 save for misconduct. [995E-G] 
2.2. The appellant was ap_pointed on July 12, 1982 and has been 
4 
_working with the approval of the authorities for almost 4 years with 
short breaks. The managing committee is still utilising his senices 
though there is no approval by the educational authorities for the 
period subsequent to 1986. The case of the appellant is, thus, fully 
covered by Section 3 of the Validation Act. [995G-996A] 
"r·· 
3. The High Court erred in denying the benefit of the Validation 
· 
Act to the appellant on the ground that his initial appointment for 89 
days was conditioned by the stipulation that he would continue until 
replaced by a candidate from the select list. The High Court read into 
the Act what was not there. [996A-B] 
D 
E 
F 
G 
H 
A 
B 
c 
D 
E 
F 
G 
H 
992 
SUPREME COURT REPORTS 
[1991] 1 S.C.R. 
Rattan Lal v. State of Haryana, A.I.R. 1987 S.C. 478, followed. 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1396 
of 1991. 
From the Judgment and Order dated 8.3.1990 qf the Orissa High 
Court in Case No. 2867 of 1987. 
Mrs. Uma Mehta Jain 

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