SACHIDANANDA SATHUA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal under Section 24-C of the Orissa Education Act (for short 'the Act') is directed against the judgment dated 14.9.2010 passed by the Presiding Officer, State Education Tribunal, Orissa, Bhubaneswar (for short 'the Tribunal') in G.I.A. Case No.95 of 2007 wherein the Tribunal has allowed the appeal entitling Krushna Chandra Sahu, present respondent no.4, to the post of Graduate Librarian in place of Sachidananda Sahu, present appellant, and directed release of grant-in-aid along with consequential benefits in his favour.

(2.) THE background of the case as revealed from the records is that present respondent no.4 was appointed as Library Assistant in Nayagarh College (for short 'the College') and joined on 1.12.1990. When the College authorities submitted proposal for approval and sanction of grant-in-aid and no action was taken for long time despite his repeated representations, he approached the Tribunal for redressal of his grievances in G.I.A.No.1 of 1998 which was dismissed by order dated 23.9.1999 as not maintainable. Thereafter, he approached this Court by filing O.J.C. No.14349 of 1999, and vide order dated 22.12.1999, this Court quashed the order of the Tribunal and directed the Tribunal to adjudicate the matter on merit. Thereafter, the Tribunal heard the matter afresh by issuing notice to all the parties and vide judgment dated 12.5.2000 allowed G.I.A. No.1 of 1998 held that two posts of Assistant Librarian are admissible to the College as per the prescribed yardstick and one such post has been held by the present respondent no.4 since 1.12.1990. Accordingly, the Tribunal directed the State and the Director Higher Education to take appropriate steps within a period of three months from the date of receipt of the order to accord approval, declare eligibility for grant-in-aid and release grant-in-aid. After the said order was passed the present respondent nos.1 and 2 filed M.J.C. No.3 of 2000 before the Tribunal praying for setting aside the judgment dated 12.5.2000. But the Tribunal dismissed the said application vide order dated 29.8.2000. Being aggrieved by the judgment dated 12.5.2000 passed in G.I.A. No.1 of 1998 and order dated 29.8.2000 passed in M.J.C. No.3 of 2000 by the Tribunal, the present respondent nos.1 and 2, filed O.J.C. No.47 of 2001 with a prayer for issue of appropriate direction quashing the said orders. While the matter was pending, the present respondent no.4 filed W.P.(C) No.6986 of 2002 with a prayer for issue of appropriate direction to the opposite parties to disburse the legitimate claim of the petitioner pursuant to the judgment dated 12.5.2000 of the Tribunal passed in G.I.A. No.1 of 1998. As there was no interim order staying operation of the judgment impugned in O.J.C. No.47 of 2001, this Court vide order dated 20.9.2005, disposed of W.P. (C) No.6986 of 2002 with a direction to the present respondent nos. 1 and 2 to disburse the claim of the present respondent no.4 as early as possible preferably within a period of three months from the date of receipt of the order. Subsequently, O.J.C. No.47 of 2001 was disposed of by a Division Bench of this Court vide order dated 17.1.2012 confirming the order dated 12.5.2000 passed in G.I.A. No.1 of 1998. Admittedly, in all these cases, the present appellant had not been impleaded as party.

(3.) THE Principal-cum-Secretary of Nayagarh Autonomous College, opposite party no.3 in G.I.A. No.95 of 2007 filed counter and contended that present respondent no. 4 was appointed as Library Assistant vide order No.4203 dated 26.11.1990 on ad hoc basis and joined in the post on 1.12.1990. Subsequently, the said post was re- designated as Assistant Librarian with effect from. 1.12.1990 by the Secretary of the Governing Body vide order dated 6.3.1995. However, he was not in continuous service from 1.12.1990 onwards as the appointment was renewed after every 89 days with a gap of one day and both the posts of Librarian Assistant and Assistant Librarian are not permissible as per the yardstick applicable to Non-Government Aided Colleges Act, 1977. It was also contended that the present appellant who was opposite party no.4 in G.I.A. No.95 of 2007 was given appointment as L.D.C.-Cum-Typist on 26.11.1990 and joined on 1.12.1990. Subsequently, the Governing Body decided to appoint him as Non-Graduate Librarian in the management post with effect from. 9.9.1991 pursuant to Governing Body Resolution No.10 dated 17.3.1993 and he has been continuing in the said post. It was also contended that one K.C. Das who was holding direct payment Graduate Librarian post retired on 31.9.1993. After him, one Krutibasa Rath who was working as Non-Graduate Librarian under direct payment was given promotion to the post of Graduate Librarian and joined on 1.10.1993. In order to fill up the vacancy caused by promotion of Sri Rath, the College authorities invited applications from the suitable candidates through the District Employment Exchange, Naragarh vide notice No.3731 dated 4.11.1993. Names were sponsored by the District Employment Exchange Office, Nayagarh vide letter dated 19.11.1993. After that the College authorities conducted interview on 28.11.1993, the present appellant was duly selected as Non-Graduate Librarian and adjusted against the direct payment post with effect from. 1.10.1993 by the then Secretary of the Governing Body vide office order no.4067 (8) dated 6.12.1993 and he joined on 6.12.1993. It was also contended that the claim of the present respondent no.4 regarding seniority and to be more qualified than the present appellant is not at all correct.