CHANDRA SEKHAR PATRO Vs. STATE OF ORISSA

JUDGEMENT

(1.) The dispute in this writ petition has a chequered career inasmuch as it has travelled to this Court thrice earlier i.e. in O.J.C. Nos. 2645 of 1989, 410 of 1990 and 3573 of 1993 disposed of on 8.3.1990, 14.1.1993 and 14.12.1998 respectively.

(2.) Kabi Samrat Upendra Bhanja College, Bhanjanagar, in short, "Ksub College" was established in the year 1958. It was recognized in the year 1960 and was brought within the grant-in-aid fold in the year 1974. In the year 1981 the Governing Body of the college decided to create a new post of Lecturer in Botany, according to the students strength. The petitioner applied for the said post and on being selected, was appointed on 2.9.1981. The proposal sent by the Governing Body of the College to approve creation of an extra post of Lecturer in Botany was provisionally approved by the Director, Higher Education by order dated 24.5.1988 (Annexure-2). In the year 1989, the Government enacted Orissa Aided Educational Institution (Appointment of Teachers Validation) Act, 1989. The services of the petitioner was validated by the Director vide order dated 29.5.1989 (Annexure-3) in consonance with the said Act with effect from 7.12.1981.

(3.) While matter stood thus, one Sri Puma Chandra Tripathy, who was appointed as Lecturer in Botany on 14.4.1981 against a leave vacancy, filed a writ application before this Court praying to approve his appointment against the 3rd post of Botany and to grant regular salary. In fact, one Smt. Sanitalata Mishra, who was serving as a Lecturer in Botany opted for study leave and left the college to prosecute higher studies. Consequently, said Puma Chandra Tripathy was appointed temporarily against the said leave vacancy post. Considering the facts and circumstances, this Court taking a liberal view disposed of the writ application stating that Purna Chandra Tripathy shall be entitled to salary of a regular teacher with effect from 30.4.1984 for the period he was working as ad hoc lecturer. After receiving the order passed by this Court, the opposite parties accommodated Sri Tripathy against the 3rd post and adjusted the petitioner against 4th post. Opposite party No. 2 also directed not to release the salary of the petitioner and further directed that the validation of the services of the petitioner as against 3rd post be cancelled. The said order was assailed by the petitioner before this Court in OJC No. 3573 of 1993 and this Court disposed of the same on 14.12.1998 directing the opposite parties to adjust the petitioner in any other college and to decide the inter se seniority between the petitioner and Sri Purna Chandra Tripathy. After receiving the said order, opposite party No. 2 adjusted the petitioner against a direct payment post in Rairangpur College with effect from 1.4.2000, but then directed that an amount of Rs. 1,86,523/- which was paid to him should be recovered. On 10.11.2000 opposite party No. 2 transferred the petitioner against a vacant direct payment post at KSUB College, Bhanjanagar subject to recovery of the amount paid to him. That apart, opposite party No. 2 fixed the salary of the petitioner at the basic scale of Junior Lecturer. It appears, in the meanwhile the petitioner has been transferred to Rayagada College. Being aggrieved by the aforesaid order, the petitioner has approached this Court.