BANOLATA MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Respondent No. 4 filed a writ petition before the High Court regarding her seniority vis-a-vis the seniority of the present appellant. The writ petition was allowed by judgment dated 1-3-1995 passed in O.J.C. No. 867 of 1990. Thereafter review petition No. 76/95 was filed which was dismissed by order dated 2-2-1996. One civil appeal has been filed before this court against the above two orders. Another separate writ petition was filed by the appellant before the High Court which was registered as O.J.C. No. 1874 of 1996. By order dated 2-5-1996 the said writ petition was dismissed. Against the said order of dismissal the second appeal has been filed. Both the appeals are being disposed of by this judgment.

(2.) To appreciate the contentions of the parties we may briefly state the facts of the case.

(3.) The appellant and respondent No. 4 joined the post of lecturer in economics in the college namely Kamla Nehru Women's College, Bhubaneswar on the same day i.e. 27-7-1979. The college became eligible to receive grant-in-aid from the Government in the year 1982-83 under relevant rules. As the appellant and respondent No. 4 were not qualified as they did not have the requisite percentage of marks in M.A., grant-in-aid for the post of lecturer in economics was not released. The appellant improved the marks and secured first class and, therefore, she was qualified to get grant-in-aid for the post. It may be stated that second post of lecturer in economics was also sanctioned by the Government in the year 1987. On 8-7-87 the University condoned the deficiency of qualification of respondent No. 4 and the State Government did the same on 27-11-1986. The Governing Body of the College passed the resolution fixing the seniority between the appellant and respondent No. 4 and treated respondent No. 4 to be senior and an enquiry was also conducted by the Director of higher education who found respondent No. 4 to be senior. The Minister of Education of the Government accepted the resolution of the Governing Body and ordered respondent No. 4 to be senior to the appellant vide order dated 19-1-89. As grant-in-aid was not released, respondent No. 4 approached the High Court by filing first writ petition namely O.J.C. No. 867 of 1990. The Division Bench of the High court inter alia held that respondent No. 4 must be appointed against the first post of lecturer in the college and thereafter she would be entitled to receive grant-in-aid. The direction was issued to the concerned authority to release the grant-in-aid.