SWAPNA MOHANTY Vs. STATE OF ODISHA & ORS

JUDGEMENT

(1.) Leave granted.

(2.) The Appellant approached the State Education Tribunal, Odisha by filing GIA Case No.120 of 2006 under Section 24-B of the Odisha Education Act, 1969 seeking a direction to the Government of Odisha and the Director, Higher Education to approve her appointment against the 1st post of Lecturer in English in the College and to release grant-in-aid w.e.f. 1st January, 2004. The State Education Tribunal by its judgment dated 3rd December, 2008 allowed GIA Case No.120 of 2006 by granting the relief prayed for. Aggrieved by the non-implementation of the directions issued by the State Education Tribunal, the Appellant filed a Writ Petition in the High Court of Odisha which was allowed by a judgment dated 25th November, 2009. The State Government was directed to implement the judgment of the State Education Tribunal in GIA Case No. 120 of 2006 within a period of six months.

(3.) Respondent No.4 filed GIA Case No. 36 of 2010 in the State Education Tribunal seeking approval of his appointment in the 1st post of Lecturer in English in the College. During the pendency of the said appeal, the State Government approved the appointment of the Appellant in the 1st post of Lecturer in English by an order dated 13th January, 2011 and released the grant-in-aid in favour of the Appellant. It is relevant to note that the appeal filed by the State Government against the order dated 3rd December, 2008 of the State Education Tribunal was rejected by the High Court. The Tribunal dismissed GIA Case No. 36 of 2010 filed by Respondent No.4. Respondent No.4 challenged the judgment of the State Education Tribunal in the High Court. The High Court allowed the appeal filed by Respondent No.4. Respondent No.4 was declared to be entitled to receive the grant-in-aid against the 1st post of Lecturer in English.