STATE OF ORISSA Vs. NABIN KUMAR BEURA

JUDGEMENT

(1.) The present letters patent appeal has been filed by the State of Orissa, represented by the Secretary, School and Mass Education Department, the Director, Secondary Education, Orissa and the Inspector of Schools, Jagatsinghpur Circle seeking to challenge the judgment dated 15.5.2001 passed by the learned Single Judge allowing O.J.C. No. 8377 of 1998 with a direction to the State Government to create the post held by the Petitioner and approve his appointment and release INDIAN LAW REPORTS, CUTTACK SERIES [2010] salary component within a period of six months from the date of communication of that order.

(2.) Learned Standing Counsel for the School and Mass Education Department submitted that the writ Petitioner (present Respondent) had earlier filed O.J.C. No. 7213 of 1997 before this Court and the same was disposed of vide the order dated 14.7.1997 with the following directions:

(3.) Mr. K.K. Swain, learned Counsel for the Respondent has strongly supported the findings of the learned Single Judge as well as on a judgment of a Division Bench of this Court presided over by the Chief Justice B.L. Hansaria (as his Lordship then was) in the case of Managing Committee, Majhipada M.E. School v. State of Orissa and Ors., 1992 1 OrissaLR 447.