FAO/488/2017
2021 Latest Caselaw 944 Ori

                                           F.A.O. No.488 of 2017




                                       I.A. No.1333 of 2019
10.   28.01.2021           This matter is taken up through Video Conferencing
                   due to Pandemic COVID-19.
                          Heard Mr. S.K. Samal, learned Additional Government
                   Advocate for the appellant and Mr. B. Routray, learned Senior
                   Counsel for the respondent no.1.
                          This is an application for revival/recall of order dated
                   16.10.2019 passed in F.A.O. No.488 of 2017.
                          In the said application, it has been submitted that in
                   terms of judgment rendered in the case of State of Odisha &
                   Another vrs. Anup Kumar Senapati (Civil Appeal No.7295 of
                   2019) by Hon'ble Supreme Court, this Court disposed of the
                   FAO No.488 of 2017 vide order dated 16.10.2019 and this
                   Court has given liberty for filing an application for revival
                   within a period of 30 days. The instant case is clearly
                   distinguishable from the judgment and the said decision is not
                   applicable in the case at hand. It has also been submitted that
                   the State Government in the meantime has approved the
                   appointment of large number of teaching and non-teaching
                   staff of aided colleges and schools on the basis of the Grant-in-
                   Aid, 1994 as to the judgment of the Hon'ble Supreme Court,
                   i.e., 16.09.2019 and such benefit has been extended basing on
                   the previous judgments passed by this Court and the Hon'ble
                   Supreme Court and if the benefit is not extended to the
                   present respondent no.1, then the respondent no.1 will be
                   seriously prejudiced.
                                  2




             An objection has been filed by the State-appellants
     stating therein that no benefit has been extended to the
     teaching and non-teaching staff of the aided Non-Government
     aided Colleges on the basis of Grant-in-Aid under GIA Order,
     1994. Moreover, after the cut off date, i.e., 16.09.2019, the
     date of judgment delivered by the Hon'ble Apex Court, when
     some employees of Non-Government aided Colleges were
     found to have been extended the said benefit has already
     been withdrawn. It has also been categorically stated in the
     objection application filed by the appellant to I.A. No.1333 of
     2019.
             Considering the submissions, regard being had to the
     averments made in the Interlocutory Application as well as
     objection of the appellants, ratio of the decision rendered by
     the Hon'ble Apex Court in the case of State of Odisha and
     Others vrs. Anup Kumar Senapati, shall be considered at the
     time of hearing of the case, the I.A. No.1333 of 2019 is
     allowed and F.A.O. No.488 of 2017 is restored to file.

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

JB