STATE OF ODISHA Vs. ARATI MOHAPATRA

JUDGEMENT

(1.) The AppellantState of Odisha and others are before this Court in these appeals assailing the orders dated 20.03.2018 and 06.12.2018 passed by the High Court of Orissa in WP(C) No.22713/2014 and Review Petition No.230/2018. By the order passed in the writ petition, the learned Division Bench of the High Court has set aside the orders passed by the Odisha Administrative Tribunal, Cuttack Bench in O.A. No.2699(C)/2006 and M.P. No.729(C)/2006.

(2.) The brief facts leading to the present round of litigation between the parties has the genesis in the selection process which was initiated in the year 1996 for recruitment of primary school teachers in government schools, in the State of Odisha. Through the resolution dated 12.03.1996 the procedure for recruitment was formulated and the selection process was initiated. Pursuant thereto a list consisting of 379 candidates selected for appointment was published on 31.01.1997. The name of the respondent herein was indicated at Serial No.301 and it had depicted that the respondent had secured 114.80 marks. The respondent was accordingly appointed as an Assistant Teacher in Singiri, in the Pay Scale of Rs.108030 EB301800. The respondent no.1 had joined duty on 30.07.1997.

(3.) When this was the position a group of aggrieved unsuccessful candidates approached the State Administrative Tribunal (for short 'SAT') in O.A. No.2792(C)/1999 and analogous petitions alleging irregularities and foul play in the selection process. The SAT having considered the same, accepted the contention of the applicants and through the order dated 24.01.2001 directed the recruiting authority to prepare a fresh select list category wise. Since the said process had not been completed, one of the applicants Ms. Prem Lata Panda filed a Contempt Petition No.382(C)/2001 before the SAT alleging noncompliance of the order dated 24.01.2001. The SAT, through the order dated 02.12.2004 directed that a fresh select list be prepared within four months. The appellants herein, in compliance thereto prepared a fresh selection list dated 15.12.2004 and the appointments made were withdrawn in order to comply with the order.