Orissa High Court
Anil Kumar Das vs State Of Odisha & Ors on 10 January, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No. 423 of 2011
Anil Kumar Das .... Appellant
Ms. M. Panda, Adv.
-Versus -
State of Odisha & Ors. .... Respondents
Mr. R.N. Mishra, AGA,
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER_
10.01.2023
Order No. 1. This matter is taken up through hybrid mode.
15. 2. Heard learned counsel for the appellant and learned counsel for the
.
respondents.
3. The appellant has challenged the judgment dated 19th July, 2011
passed by the State Education Tribunal in G.I.A. Case No. 55 of 2010
(wrongly mentioned in the impugned order as G.I.S. Case No. 55 of
2010).
4. The brief facts of the case are that one Puspamanjari Panda was
appointed as Lecturer in Political Science by the Governing Body of
Indira Mahila Mahavidyalaya, Nimapara on 11.01.1990. Subsequently,
one Kailash Chandra Swain was appointed against the 2nd post of Lecturer
in Political Science. Because of certain reasons, the said Puspamanjari
Panda was terminated from service on 30.07.2001. In the vacancy so
caused, Kailash Chandra Swain, who was then holding the 2nd post, was
adjusted. The present appellant was appointed vide order dated
28.08.2001 and joined on 30.08.2001 against the 2nd post. In the
meantime, the terminated employee, namely, Puspamanjari Panda
approached this Court in W.P.(C) No. 5530 of 2002 challenging the order
of her termination. This Court set aside the order of termination and
directed her reinstatement in service. Under such circumstances, the
appellant approached the Tribunal in the aforementioned case with prayer
for approval of her appointment against the 2nd post of Lecturer.
5. The Tribunal, as per the impugned judgment held that on
reinstatement of Puspamanjari Panda, Kailash Chandra Swain is to be
reverted to the 2nd post of Lecturer and therefore, there is no scope for
approval of appointment of the appellant against the 2nd post and for
release of the GIA.
6. In the counter filed by the Governing Body of the College
(Respondent No.3) it has been stated that the said Kailash Chandra Swain
has in the meantime expired and as such, the 2nd post of Lecturer in
Political Science has fallen vacant and the appellant can be adjusted
against such post. Paragraph-11 of the counter affidavit reads as under:
"11. That, though, admittedly the appellant appointed as
against the 2nd post of lecturer in political science after
re-instatement of Mrs. Puspamanjari Panda, Kailash
Swain was reverted back to 2nd post of lecturer in
political science and present appellant is continuing as
against third post of Lecturer in political science. As the
appellant is continuing as lecturer in political Science
and the incumbent of 2nd post holder has already expired
in the meanwhile he may avail the benefit of grant-in-aid
against 2nd post of lecturer in political science as that is
admissible to the institution. As per the yard stick."
7. In such view of the matter, it is evident that the impugned order
needs to be modified appropriately. The appeal is therefore, allowed in
part. The impugned order is modified to the extent that the appellant shall
be entitled to be considered for appointment against the 2nd post of
Lecturer in Political Science in accordance with law and further that the
concerned authorities shall take a decision in this regard in accordance
with law within a period of four months from the date of communication
of this order or on production of certified copy of this order by the
appellant.
8. Issue urgent certified copy as per Rules.
(Sashikanta Mishra)
A.K. Rana
Judge
