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Judgment
Biraja Prasanna Satapathy, J
This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
The matter though was not on board today, on being mentioned, it was taken up.
Heard learned counsel for the parties.
The present Writ Petition has been filed inter alia challenging the communication dtd.28.11.2023 so issued by the District Education Officer, Puri-Opp. Party No.3 vide Annexure-7.
4.1. Learned counsel appearing for the Petitioners contended that in terms of the order passed by this Court on 10.10.2023 in W.P.(C ) No.32674 of 2023 and batch and consequential letter issued by the Director on 27.10.2023 under Annexure-6, though the provisional Gradation list of Level-V(B) Senior Teacher and Level-IV H.M. Cadre and Headmaster was published by the B.E.Os of PUri Education District on 28.11.2023, but without inviting any objection which is a mandatory requirement, DEO, Puri vide the impugned communication has directed to all the BEOs of Puri Education District to submit the final Gradation list of the above categories by 30.11.2023 and for its onward communication to the Director for approval.
4.2. Learned counsel for the Petitioner contended that since the provisional gradation list as reflected under Annexure-7 was published on 28.11.2023, no such direction could have been issued to the BEOs of Puri district to comply the objection and submit the final gradation list on 30.11.2023 i.e. just one day after publication of the provisional gradation list.
Learned counsel for the Petitioner contended that necessary opportunity be given to the Petitioners to file their objection to the provisional gradation list with due circulation of the provisional gradation list and to publish the final gradation list accordingly with due consideration of the objection, if any.
Learned Addl. Govt. Advocate on being confronted with the aforesaid provision fairly contended that if the provisional gradation list was issued on 28.11.2023 in terms of Rule 15(C ) of the amended Rules, 2019, one month time should have been allowed to the concerned teachers to file their objections and thereafter the provisional gradation list is required to be finalized with issuance of final gradation list. It is accordingly contended that Opp. Party No.3 may be directed by this Court to follow Rule 15( C ) and do the work accordingly.
Having heard learned counsel for the parties and after going through the materials available on record, this Court finds that the provisional gradation list in respect of level-V Sr. Teachers and Level-IV Headmaster Cadre and Headmaster was published on 28.11.2023. In view of the provisional contained under Rule-15(C ) of the amended Rules, one month time should have been allowed to the concerned teachers who are eligible to be enlisted in the gradation list to file their objection and publication of the final gradation list after consideration of such objections, if any. Since that was not followed, this Court is inclined to quash the communication dtd.28.11.2023 under Annexure-7. While quashing the same, this Court directs Opp. Party No.3 to provide copy of the provisional gradation list to all the BEOs of Puri Education District and for its circulation.
This Court further directs Opp. Party No.3 to allow one month time for filing of the objection. On receipt of the objection and after due consideration of the same, the final gradation list be published in accordance with Rule 15(C ) of the amended Rules, 2019.
The Writ Petition is accordingly disposed of.
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