Orissa

Rayagada

CC/15/6

Sri Talapu Pradeep Kumar, S/o: Late T.Kannaya, - Complainant(s)

Versus

The Head Master, Kalinga High School, and others - Opp.Party(s)

Self

30 Sep 2015

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA

     

                                              C.C. Case  No. 06/ 2015.

 

P R E S E N T .

Sri Pradeep Kumar Dash, LL.B,                             President.

Smt. Ch.  Nirmala Kumari Raju, LLB,                    Member

 

            Sri Talapu Pradeep Kumar, S/o late Talapu Kannaya, Resident of Jamadeipenta,    Po: Jamadeipenta, Po/Dist. Rayagada.

                                                                                                              …….Complainant

                                                            Vrs

  1. Head Master, Kalinga High School, Jamadeipenta, P.o. Jamadeipenta, Po/Dist. Rayagada.
  2. Head Master, Government High School, S.Seskhal, Po/Ps S.Selkhal, Dist. Rayagada.
  3. District Education Officer, Rayagada.
  4. Director of School & Mass Eduction, Government of Orissa, Bhubaneswar,                                                                                                                                                                                                              …..Opp.Parties

Counsel for the parties:

For the complainant: In Person

For the O.P:  Self

                                                            JUDGMENT

                        The facts of the complaint  in brief is that the complainant  he is working  as a Class IV employee  since 01.01.1990 under O.p 1  and continued to work a such  on temporary basis till 25.06.2012 and he was transferred to Government High School   on 26.6.2012  and working with the O.P 2 till today.  The complainant  is working since last 24 years  and his post was not regularized  by the authorities  and the O.p 1,2 & 3  have not taken any steps  to regularize his service and still now he is considered as a temporary employee. As per the directives of the Supreme “Court all the casual laborers who has rendered continuing and undisrupted service  in the temporary post is to her regularized  and the Government also given suitable instructions to absorb them to the permanent post  so that they may  not suffer after their retirement. Hence, prayed  to direct the O.ps to regularize his service  and absorve him into the cadre of a permanent employment  and he may be given suitable monetary compensation for the mental agony and award cost of litigation and such other relief as the forum deem fit and proper. Hence, this complaint.

                        On being noticed the Opp.Party 1 & 3  appeared and  filed file written version and O.p 2 & 4  remained absent and as such  the O.p 2 & 4 were set exparte. It is submitted by the O.P 1 & 3 that  the O.p 1 School  is a private Recognized Aided Educational Institution and initially the complainant was appointed by the then Secretary of the School Managing Committee. The O.p 1 School was established by a private Managing Committee vide General body meeting Resolution No.01 dt.05.07.89 and the school was established on 20.07.1989. As per Govt. Notification No.16218 dt.16.7.2013  the School was eligible to receive 100% New G.I.A w.e.f 01.04.2013 and 100% G.I.A(New) allowed by t he District Education Office, Rayagada vide order ;No.7279 dt.08.10.2013 and though the School is getting 100% New G.I.A it is under  direct control of the Managing Committee as per Rule 28 of OEC which is empowered to control and take administrative action against the employees working in the school. The complainant was appointed  as IV employee  by the Secretary of the School and he was directed to work a such under the control of the Headmaster, Govt. High School, Santa Selkhal for better service of public interest subject to the condition no extra allowances will be admissible to him for the said purpose. The appointment of complainant is in a private school and there is no such rule to get govt. facilities and he is eligible to get salary  with the other employees working in  Kalinga High School, Jemadeipentha – O.P 1  . The service of complainant has been withdrawn from Govt. High School, Santa Seskhal – O.p2 vide office order No.204 dt.30.01.2015 and he joined in his parent post on 20.2.2015. Hence, prayed to  dismiss the case as there is no merit.

                        We perused the   documents filed by the complainant  and heard both the parties.  The claim of the complainant is relating to service matter for which separate Tribunal/Court is established  and  the matter is beyond the purview of the C.P.Act and this forum  cannot entertain this type of complaint. Hence, it is ordered.

                                                              ORDER

                        The  complaint petition filed by the complainant relates to service matter as such it is beyond the purview of  Consumer Protection Act,1986. Hence, the complainant  petition is  dismissed on contest. There shall be no order as to costs. Parties to bear their own cost.

                        Pronounced in open forum today on this 30th day of September,2015 under the seal and signature of this forum.

                         A copy of this order as per the statutory requirements , be forwarded to the parties    free of charge.

 

 

 

Member                                                                                   President

 

 

 

 

 

 

 

 

 

 

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