Sri Talapu Pradeep Kumar, S/o: Late T.Kannaya, filed a consumer case on 30 Sep 2015 against The Head Master, Kalinga High School, and others in the Rayagada Consumer Court. The case no is CC/15/6 and the judgment uploaded on 27 Dec 2017.
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
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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