Dr. Premalata Rout vs Aravind Agarwal
2023 Latest Caselaw 15421 Ori

Orissa High Court

Dr. Premalata Rout vs Aravind Agarwal on 1 December, 2023

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

           IN THE HIGH COURT OF ORISSA AT CUTTACK

                       CONTC No.8037 of 2023

        Dr. Premalata Rout               ....          Petitioner
                                               Mr. B. Routray, Sr. Advocate


                                       -versus-

        Aravind Agarwal, I.A.S.          ....          Opposite Party
                                              Mr. M.K. Balabantaray, AGA

                           CORAM:
              JUSTICE BIRAJA PRASANNA SATAPATHY


                                  ORDER

01.12.2023 Order No

03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel appearing for the Parties.

3. Objection to the I.A filed by the learned Senior Counsel be kept in record. Further instruction provided by the Department vide letter dtd.29.11.2023 so produced by learned Addl. Government Advocate be also kept in record.

4. From the pleadings made in the I.A so filed by the Department and the instruction provided vide letter dtd.29.11.2023, this Court is of the view that the Department without proper appreciation of the direction issued by this Court has taken a plea that unless there is amendment to the 1974 Rules common cadre cannot be a framed. This Court is of the view that constitution of common cadre is governed under // 2 //

Section-10(c) of the Odisha Education Act, 1969 vis-à- vis Rule-8(3) of 1974 Rules.

5. In view of such clear provision contained under Section-10(c) and Rule-8(3) of 1974 Rules and the decision of this Court referred at Para-4.6. of the judgment, the State is required to constitute a common cadre in respect of the lecturers who are in receipt of a grant-in-aid.

6. Mr. Balabantaray, learned AGA prays for some time to obtain positive instruction in the matter.

7. As requested, list this matter on 15th December, 2023.

(Biraja Prasanna Satapathy) Judge Subrat

Location: HIGH COURT OF ORISSA, CUTTACK