LAWS(ORI)-2023-4-73

STATE OF ODISHA Vs. PRAFULLA CHANDRA NAYAK

Decided On April 05, 2023
State Of Odisha Appellant
V/S
Prafulla Chandra Nayak Respondents

JUDGEMENT

(1.) Since no delay has been pointed out by the Office, the application is disposed of.

(2.) The challenge in the present writ appeal by the Appellants, i.e., the State of Odisha is to an order dtd. 28/2/2020 passed by the learned Single Judge in W.P.(C) No.12258 of 2018 asking the Appellant to re-fix the pension payable to Respondent No.1 by taking into account the service rendered by him between 18/1/1983 and 30/4/2014.

(3.) The background facts are that Respondent No.1 was initially appointed on 18/1/1983 as Lecturer in Logic and Philosophy by the Lokanath Mohavidyalaya, Patkura. Another person Sri B.C. Jena also joined as Lecturer in Logic and Philosophy in the said college along with Respondent No.1. When their appointments were not being regularized, writ petitions were filed in this Court. One such petition was OJC No.1092 of 1995 in which a direction was sought to the State Government to take a decision on the proposal submitted by the Director of Higher Education to the State Government for approval of the appointment of Respondent No.1 in the second post of Lecturer in the Logic Department in the above college. Following an order dtd. 30/6/1994 in OJC No.3874 of 1994, this Court by an interim order dtd. 13/3/1996 in OJC No.1092 of 1995 and directed the Department of Higher Education to act upon the above recommendation of the Director for approval of the appointment Respondent No.1 'in the second post of Lecturer of Logic Department of Lokanath Mohavidyalaya, Patkura'. However, ultimately, OJC No.1092 of 1995came to be dismissed on 1/11/1996 when the Court was informed that the workload in the said college did not justify the creation of a second post of Lecturer.