DR. DINESH PRASAD MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner after completing his M.Sc. Degree in Zoology applied for the post of Lecturer pursuant to advertisement issued by the Director, Higher Education published in Odia daily "The Samaj" on 01.05.1978. He, on being called upon, attended the interview and was selected for appointment as Lecturer as per the merit list prepared by the Director. He was issued with a letter of appointment in Annexure-3 dated 21.08.1978 in pursuance of which he joined on the very same day, i.e., 21.08.1978 at S.V.M. College, Jagatsinghpur against a leave vacancy of one L.K. Sinha. The joining report of the petitioner on being communicated by the Principal, S.V.M. College, Jagatsinghpur, was duly approved by the Director vide communication dated 02.12.1978. Before that term of approval could expire, the Principal, S.V.M. College, Jagatsinghpur made a request to the Director, who, by letter dated 16.03.1979, accorded approval for further continuance of the petitioner in S.V.M. College, Jagatsinghpur.

(2.) Then, consequent upon a fresh appointment letter in Annexure-5 dated 14.05.1980 issued by the Principal-cum-Secretary of P.N. College, Khurda, the petitioner was relieved from the S.V.M. College on 16.05.1980 and on the very same day joined in P.N. College, Khurda, where he continued till 05.05.1981, on which date he joined as Lecturer in Science College, Hinjilicut by virtue of the Office order dated 05.05.1981 in Annexure-6. While he was so continuing at Science College, Hinjilicut, in pursuance of Annexure-7 dated 28.01.1984, the pay of the petitioner was fixed in the scale of pay of Rs. 525-1150/- at Rs. 740 as on 16.05.1980 and at Rs. 760/- as on 01.01.1981 with the next date of increment as 16.05.1981. Thereafter, pursuant to communication dated 05.11990 in Annexure-8, the petitioner was relieved from Science College, Hinjilicut on 26.11990 and joined in Aska College on 27.11990.

(3.) While continuing at Aska College, the petitioner's services were validated pursuant to Rule 3(b) of Orissa Aided Educational Institutions (Appointment of the Teachers Validation) Act, 1981 read with the Orissa Aided Educational Institutions (Appointment of the Teachers Validation) Amendment Act, 1983 with effect from the date of his initial appointment vide office order dated 17.08.1985 in Annexure-10. In the same, although it was specifically stated that the petitioner's services were deemed to have been validated w.e.f. 21.08.1978, i.e., the initial date of appointment, in effect the said validation was made w.e.f. 12.05.1981, when the petitioner was serving at Science College, Hinjilcut 4th post (DP). Though several prayers have been made in the writ application, in course of hearing it is stated that the petitioner's services having been validated from the date of his initial appointment, i.e., 21.08.1978, he should not have been extended with the benefit w.e.f. 12.05.1981, hence he claims that the benefit should be extended with effect from his initial appointment.