KANAKA SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioner Smt. Kanaka Sahoo has been appointed as a Lecturer in Sociology against the First post on 10.08.1988 in Pattamundai Women's College in the district of Kendrapara. In this writ application, she has sought to challenge the Order Dated 10.02.2003 (Annexure -10) whereby the State Government have refused to accord approval to her appointment and to release consequential service benefits, inter alia, on the ground that the State Government have not yet extended the financial benefits in favour of other similarly situated persons who are eligible for grant -in -aid after 1.6.1994.

(2.) THE Petitioner had earlier approached this Court in O.J.C. No. 16312 of 2001 and that writ application came to be disposed of by this Court by its Order Dated 15.1.2002. By the said order, this Court was pleased to direct the State authorities to take a decision regarding approval of the Petitioner's appointment and release of consequential service benefits within a reasonable time. It appears that pursuant to the aforesaid direction, the State Government vide its Order Dated 10.2.2003 under Annexure -10 passed the following order: Pursuant to order dt. 15.1.02 of the Hon'ble High Court of Orissa on OJC No. 16312/2001 and M.C. No. 16250/01, Govt. in their letter No. 2932/HE dt. 17.1.03 have been pleased to decide as follows.

(3.) IT is averred by the Petitioner that Pattamundai Women's College in the district of Kendrapara was established in the year 1988 and she was appointed as a Lecturer in Sociology on 2.8.1988 after following due procedure of law as against a yardstick post in terms of the Governing Body resolution dated 4.9.1988. It is further averred that the State Government granted concurrence to the said College vide its letter dated 3.2.1990 for opening +2 Arts stream with various compulsory subjects and thereafter, vide its letter dated 3.4.1992 (Annexure -3) concurrence was granted in respect of Sociology, Education and Economics from the Session 1991 -92. According to her the college in question became eligible to receive grant -in -aid under 1994 grant -in -aid order and accordingly, a proposal in the prescribed form was submitted before the appropriate authority including the name of the present Petitioner with a prayer to release grant -in -aid under the College letter dated 16.12.1995 which was received by the Director of Higher Education on 31.12.1995. It is further averred that the Secretary to the Government of Orissa in Higher Education Department Opp. Party No. 1 and the Director of Higher Education -Opp. Party No. 2 after taking into consideration the proposal submitted by the Governing Body, have been pleased to approve the appointments of teaching and non -teaching staff of the College and sanction grant -in -aid in favour of the Petitioner's college with effect from 1.6.1994 vide the letter under Annexure -8.