STATE OF ODISHA Vs. BICHITRANANDA MOHAPATRA

JUDGEMENT

(1.) This matter is taken up through hybrid arrangement (virtual/physical mode).

(2.) This application has been filed by the respondent no.1-petitioner seeking recall of order dtd. 16/10/2019 passed by this Court in FAO No. 571 of 2018 and further seeks direction to hear the said appeal on merit.

(3.) The respondent no.1-petitioner is working as Junior Clerk in Sadhu Gaudeswar College, Kanikapara in the district of Jajpur, which is a category-I college in respect of both +2 and +3 wing as the said college had received grant-in-aid prior to 1/6/1994. The respondent no.1-petitioner was appointed as against the 6th post of Junior Clerk (on composite workload basis), on 15/3/1991, pursuant to which he joined on the same day. His joining was approved by the governing body resolution dtd. 13/12/1991. The college, being a composite category-I non-government college, the admissibility of the post and eligibility of the incumbent holding such post is to be determined as per the provisions contained under paragraph 9(2)(B)(i) of the Grant-in-Aid Order, 1994. Taking into consideration the work load of the college, 6th post of Junior Clerk was admissible during the academic session 1989-90. But, as the respondent no.1-petitioner had joined on 15/3/1991, he had not completed the required period of five years by 1/6/1994. Thereby, he was not extended with the benefit of grant-in-aid beyond 1/6/1994, the cutoff date fixed by the authority concerned. When the post held by the respondent no.1-petitioner was sent for approval and release of grant-in-aid, pursuant to Grant-in-Aid Order, 1994, as the same was not admissible, he was left out. But his post was approved against 1st post of Junior Clerk in the +3 Degree wing of the college to receive block grant @ 100% from 1/2/2009, vide Government order no.14122/HE dtd. 19/5/2010.