FAO/496/2017
2021 Latest Caselaw 593 Ori

                           F.A.O. No.496 of 2017




11.   18.01.2021                  This       matter     is   taken       up   through   video
                   conferencing in the wake of COVID-19.
                                  Heard Mr. K.K. Swain, learned counsel for the
                   appellant     and         Mr.    S.K.     Samal,      learned   Additional
                   Government Advocate for the respondents.
                                  Mr. Swain, learned counsel for the appellant by
                   referring     to    Rule        8(2)(b)    of   the    Orissa   Education
                   (Recruitment and Condition of Service of Teachers and
                   Members of the Staff of aided educational institution) Rule
                   1974    submits that only question of Paragraph-6 of the
                   impugned judgment is to be interpreted. Accordingly, he
                   cited   the        Rule     8(2)(b)       of    the    Orissa   Education
                   (Recruitment and Condition of Service of Teachers and
                   Members of the Staff of aided educational institution) Rule
                   1974.
                                  On the contrary, Mr. Samal, learned Additional
                   Government Advocate appearing for the respondents
                   referred to decision rendered by this Court in the case
                   State of Orissa and others vrs. Nabin Kumar Beura
                   reported in 2011(I) OLR-149.
                                  However, learned counsel for the appellant
                   submits that the said decision is distinguishable and that
                   the decision pertains to Rule 5(8) and 5(9) but not relating
                   to Rule 8(2)(b) of the of the aforesaid Rule.
                                  Put up this matter on 18th of February, 2021.

                                                                   ........................
                                                                    P. Patnaik, J.

JB