STATE OF ODISHA Vs. KAMALINI KHILAR

JUDGEMENT

(1.) There is a delay of 247 days in filing the SLP. Having considered the matter, we are inclined to condone delay but on condition that a sum of Rs. 50,000 is paid as costs to the Respondent No. 1. Accordingly, the application to condone delay is allowed subject to payment of Rs. 50,000 to the Respondent No. 1 by the Appellant depositing the same in the Registry within 4 weeks from today. Leave granted.

(2.) The Appellant No. 1, namely the State of Odisha, passed a resolution dated 12.03.1996 prescribing the procedure for recruitment of Government teachers in primary schools. The Appellant No. 3 namely the District Inspector of Schools, Bhadrak-II, Bhadrak had to determine the number of vacancies to be filled up through direct recruitment. Appellant No. 3 had to also determine the number of vacancies which were required to be reserved for each reserved category. It is the case of the Appellants that based on the same, on 29.07.1996 by letter dated 29.07.1996, it was communicated to the Respondent No. 1 that her name was sponsored by the District Employment Exchange for the post of primary school teacher. She was called upon to submit her application along with her documents. The Respondent No. 1 was directed to attend the viva-voce examination. A merit list was made. The Respondent No. 1 secured the 22nd position in the SEBC (Women) Category. There were only 16 vacancies which were to be filled by SEBC (Women) Category candidates. Respondent No. 1 was favoured with an order of appointment dated 04.04.1998. She was issued such appointment according to the Appellants on the basis that one of the successful candidates, namely the Respondent No. 2 who secured the 16th position could not join within time. The Respondent No. 1 joined based on the joining letter dated 20.04.1998.

(3.) While so complaining that she was not served with the appointment order and that order was issued in a wrong name, Respondent No. 2 filed representation which based on an order in an application before the Tribunal was disposed of with certain directions by the 1st Appellant O.A No. 650 of 2000 was thereafter filed by Respondent No. 2 before the Hon'ble Orissa Administrative Tribunal. The Tribunal allowed the O.A. by order dated 21.09.2001.The operative part reads as follows:-