Orissa High Court
Principal Incharge Cum vs State Of Odisha & Ors on 27 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.5646 of 2020
Principal Incharge Cum .... Petitioner
Secretary of Kanasa Higher Mr. S.K. Das, Advocate
Secondary School
-versus-
State of Odisha & Ors. .... Opposite Parties
Mr. S.K. Samal, AGA
Mr. M.K. Sahoo, Advocate
(appearing for O.P. No. 6)
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
27.04.2023
Order No
08. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical) Mode.
Instruction provided by the Directorate of Higher Secondary
Education vide letter dtd.12.04.2023 and so produced by Mr. S.K.
Samal, learned Addl. Govt. Advocate in Court today be kept in
record.
2. Heard Mr. S.K. Das, learned counsel for the Petitioner, Mr. S.K.
Samal, learned Addl. Govt. Advocate appearing for the State and
Mr. M.K. Sahoo, learned counsel appearing for the O.P. No. 6.
3. With regard to release of Grant-in-aid in the shape of block grant
as against the 1st post of lecturer in Mathematics in favour of
Private O.P. No. 6 when the Petitioner was directed to file an
affidavit vide letter dtd.08.11.2019 under Annexure-13 and
Annexure-15 when was issued directing the Tahasildar to initiate
disciplinary action against the Petitioner for not complying the
direction so issued under Annexure-13, the present writ petition
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was filed challenging the action of the O.P. No. 1 in issuing
Annexure-13 and 15. This Court while issuing notice of the matter
vide order dtd.17.02.2020 passed an interim order staying the
operation of the impugned letter dtd.07.02.2020 issued under
Anenxure-15 and the said interim order is in force as on date.
4. It is the case of the Petitioner that by showing favoritism to O.P.
No. 6, initially a communication was issued by the Govt. to the
Director on 14.09.2016 under Annexure-9 by holding that the date
on which O.P. No. 6 joined as against the post of lecturer in
mathematics in Kanasa Junior College after returning from her
service as Sikhshya Sahayak, may be treated as her initial date of
joining. Subsequently for the purpose of release of Grant-in-aid in
her favour, the Petitioner when was directed to submit necessary
undertaking in shape of an affidavit vide Annexure-13
dtd.08.11.2019 and the Petitioner when did not submit the same
Annexure-15 was issued directing the Tahasildar to initiate a
proceeding against the Petitioner for not complying the direction as
at Annexure-13.
4.1. It is contended that the Petitioner has serious dispute with
regard to the action of the Government in issuing Annexure-9 by
holding the date of joining of the O.P. No. 6 as lecturer in
Mathematics in Kanasa Junior College after returning from her
service as a Sikshya Sahayak as her initial date of joining. Because
of such illegal action of O.P. No. 1, when the Petitioner did not
submit the affidavit in terms of Annexure-13 direction was issued
to initiate a proceeding vide letter dtd.07.02.2020 under Annexure-
15. It is accordingly contended that no such direction as issued in
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Annexure-13 is sustainable in the eye of law and the Petitioner
cannot be compelled to support the illegal action of O.P. No. 1.
5. However, in course of hearing it is submitted in the Bar that
during pendency of the matter the Petitioner has already retired
from her service on attaining the age of superannuation on
31.07.2022 and another person is continuing as the Principal In-
charge of the College. It is also submitted in the Bar that during
pendency of the matter before this Court, O.P. No. 6 filed GIA Case
No. 36 of 2020 before the State Education Tribunal with a prayer to
allow him Grant-in-aid in shape of block grant w.e.f.20.01.2009 in
terms of GIA order, 2008. From the Judgment so produced by the
learned Addl. Govt. Advocate in the aforesaid GIA case, it is found
that the Tribunal while disposing the matter vide Judgment
dtd.02.02.2022 has held the Petitioner not entitled to get block grant
in terms of GIA order, 2008. In the alternate the Tribunal has held
that the O.P. No. 6 is entitled to get Grant-in-aid in terms of GIA
Order, 2014 and necessary direction has been issued to the State-
Opp. Parties to do the needful.
6. Having heard learned counsel appearing for the Parties and
taking into facts that the Petitioner has retired in the meantime on
attaining the age of superannuation on 31.07.2022, during
subsistence of the interim order, the prayer as made in the writ
petition has become infructuous. Not only that in view of the order
passed by the Tribunal in GIA Case No. 36 of 2020, the State Govt.
has to take a decision as directed by the Tribunal and while
complying the Judgment dtd.02.02.2022 if any compliance is
required from the Principal, fresh notice be issued to the Principal
in-charge of the College. In view of the order passed by the
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Tribunal in GIA Case No. 36 of 2020, no compliance of Annexure-
13 is required to be made nor any action is required to be taken in
terms of Annexure-15.
7. The writ petition is disposed of with the aforesaid observation
and direction.
(Biraja Prasanna Satapathy)
Judge
Sneha
