NATABAR MALLA Vs. STATE OF ORISSA

JUDGEMENT

(1.) BOTH the aforesaid two appeals have been preferred by the appellant against the common judgment dated 6.9.2010 passed by the State Education Tribunal (for short 'the Tribunal) in G.I.A. Case No. 263 of 2007 filed by the appellant and G.I.A. Case No. 18 of 2008 filed by the respondent no. 4 relating to the dispute with regard to the date of their appointment to the post of Assistant Librarian in Astaranga College in the district of Puri and to their entitlement to receive Grant -in -Aid.

(2.) INITIALLY the appellant filed OJC No. 8934 of 1998 seeking a direction of this Court to the respondent nos. 1 and 2 not to withdraw the sanction order issued in his favour and for a further direction to release the Grant -in -aid forthwith as per the sanction order already accorded. When the matter was taken up for hearing as by that time Section 24 -B of the Orissa Education Act already came into operation providing a forum i.e. State Education Tribunal, to adjudicate this dispute relating to release of Grand -inaid and approval of the post, the writ petition was disposed of by order dated 6.11.2007 permitting the petitioner -appellant to withdraw the writ petition and file an appropriate case before the Tribunal.

(3.) THE appellant filed G.I.A. Case No. 263 of 2007 and the respondent no. 4 thereafter filed G.I.A. Case No. 18 of 2008 before the Tribunal. The Tribunal adjudicating the dispute by the impugned order, turned down the claim of the appellant in G.I.A. Case No. 263 of 2007 and allowed the claim of the respondent no. 4 in G.I.A. Case No. 18 of 2008 holding that the respondent no. 4 is entitled to approval of his post of Assistant Librarian and also entitled to Grant -in -aid with effect from 1.6.1994. Being aggrieved, the appellant has preferred the aforesaid two appeals.