AJAYA KUMAR MOHAPATRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) Heard Mr. Sameer Ku. Das, learned counsel for the petitioner, Mr. S.K Samal, learned Additional Government Advocate for State, Mr. Tathagat Sahoo, learned counsel for opposite party No.4 and Mr. P.K Mohanty, learned counsel for opposite party Nos. 3 and 5.

(3.) This Writ Petition has been filed with a prayer to quash the Government Orders dtd. 31/8/2020 and 13/9/2021 and to restore the seniority of the petitioner over Opposite parties 4 and 5 and to allow the petitioner to continue as Principal in charge of J.N. College, Kuanpal. The writ petition raises the issue of inter-se seniority dispute between the petitioner vis-a-vis opposite party Nos.4 and 5The petitioner commenced his service as a Lecturer in Botany (2nd Post) in Remuli College, Remuli, District Keonjhar from 28/2/1989. His appointment was approved from 27/4/1998 and he was brought into the Grant-in-Aid fold from 1/6/1994. According to the petitioner the valid and deemed date of joining for all practical purpose was 28/2/1989. Thereafter, he was transferred to J.N College, Kuanpal and has been continuing there in that post till date. Meanwhile, the State Government issued order No.27964 dtd. 31/8/2020, prescribing guidelines for fixation of seniority of teachers for the appointment of "Principal" and "Head of Department" in non-government colleges. The said notification superseded the earlier circulars and guidelines with regard to the appointment of principals in aided colleges. Opposite Parties Nos. 4 and 5 were posted in the +3 wing of the said college w.e.f 1/6/1989. The said appointments were approved vide GIA order dtd. 21/6/2004. Further, the appointments were approved under the Grant-in-Aid scheme vide order dtd. 21/12/2011, and were paid Grant-in-Aid from 1/6/1994.