STATE OF ORISSA Vs. PRASANT KUMAR MOHANTY

JUDGEMENT

(1.) THE Civil Review has been filed with a prayer to review the judgment dated 9.4.2001 passed in O.J.C. No. 2968 of 2001.

(2.) OPPOSITE Party No. 1 as petitioner had filed O.J.C. No. 2968 of 2001, inter alia, challenging the order dated 14.12.1995 by which the Government, though accorded approval to the post of lecturer in Oriya (4th post) at Choudwar College, Choudwar, declined to accord approval to the appointment of the petitioner against the said post. According to the petitioner he was appointed as lecturer in Oriya in Choudwar College on 11.2.1987 and holding the said post continuously without any disruption w.e.f. 12.2.1987. The specific case of the petitioner was that as the State authorities adopted dilly dally tactics in cording approval to the appointment of the petitioners and other members of the college, he along with Shiva Narayan Rana, lecturer in Economics (opp. party No. 1), Prafulla Kumar Rout, lecturer in Commerce, Prasanta Kumar Mohanty, lecturer in Oriya and three other non -teaching staff of the college filed the writ application for issuance of mandamus to the State authorities to approve their appointment and disburse the grant -in -aid. The writ application was registered as O.J.C. No. 3079 of 1995. This Court by order dated 15.5.1995 disposed of the writ application wit a direction to the authorities to take a decision in terms of the recommendation of the Director, Higher Education, Orissa within a period of three months from the date of communication of the order. After receiving the writ issued by the Court, the State Government constituted a High Power Committee consisting of the Principal Secretary to the Government of Orissa, Department of Law; Principal Secretary to the Government of Orissa, Department of Higher Education; Additional Secretary to the Government of Orissa, Finance Department and Joint Secretary to the Government of Orissa; Law Department to scrutinise the grievances of the petitioner and several others, similarly placed. The said High Power Committee reviewed several cases and submitted a report to the State Government on 1st November, 1995 recommending to approve the post held by the petitioner as the same justified the work -load and student strength. The recommendation of the Committee though accepted by the Government and the post held by the petitioner (lecturer in Oriya, 4th post) was approved, approval to the appointment of the petitioner was not accorded, thereby compelling the petitioner to approach this Court once again in O.J.C. No. 2968 of 2001.

(3.) MR . Rath, learned counsel for the opp. parties, apart from reiterating all the submissions made by him in course of hearing of the writ application, submitted that a Civil Review filed by the State against the decision passed in O.J.C. No. 12556 of 1997 in an identical case was dismissed by this Court.