SANGHAMITRA JENA Vs. DIRECTOR OF HIGHER EDUCATION

JUDGEMENT

(1.) THESE two appeals have been filed by the plaintiff- appellant against a reversing judgment.

(2.) THE appellant filed T.S. No. 217/1996 in the Court of the learned Civil Judge (Sr. Division), Bhubaneswar for a declaration that the action of the defendant-respondents in preventing her from discharging duty as a Lecturer in Economics (First Post) in Biju Pattnaik College of Science and Education, Bhubaneswar is illegal, invalid and inoperative and for a further declaration that she is deemed to be continuing as a Lecturer in Economics in the said College and for permanent injunction restraining the defendant-respondents from filling up the post of Lecturer in Economics (First Post) and not to allow direct payment of grant-in-aid of higher education to any one other than her and for all consequential benefits.

(3.) ONE Subash Ch. Pradhan who was defendant No. 4 in the suit preferred an appeal challenging the judgment of the learned Civil Judge (Sr. Division) which was registered as T.A. No. 21/1998. The Governing Body of the College- defendant No. 1 also challenged the said judgment in appeal which was registered as T.A. No. 22/98 before the learned District Judge, Bhubaneswar. Both the appeals were heard together and disposed of in a common judgment. The learned District Judge though agreed with the findings of the trial Court allowed the appeal and dismissed the suit solely on the ground of limitation. Challenging the said judgment of the learned District Judge, the present Second Appeals have been filed. After notice a cross appeal has been filed by the said Subash Ch. Pradhan who is respondent No. 3 before this Court and the said cross appeal is also taken up for hearing along with the present Second Appeals.