GAUTAM BEHERA Vs. STATE OF ORISSA AND ORS

JUDGEMENT

(1.) Both the FAOs have taken up together since common issue is under challenge and are being disposed of with this common order.

(2.) Case of the appellants in both the appeals are that the college in question was established in the year 1983 but received concurrence and affiliation in +2 Arts stream from the academic session 1986-87, subsequently in the year 1992-93, the College had received the concurrence and affiliation to impart education in +2 Science stream. At the time of establishment of the College, the yardstick of the year 1977 about the admissibility of the ministerial posts was in force. As per the said yardstick, both appellants were appointed as Junior Clerks against the 2nd and 3rd post on 25.06.1984 and 15.02.1986, respectively and joined in service on 1.7.1984 and 15.02.1986 respectively.

(3.) Case of the opposite parties is that the College in question being notified as an aided educational institution in terms of the Grantin-Order 1994 and treated as category-II type of College in terms of the Grant in order 1994 as per the roll strength and yardstick provided in the said order, by which none of the post of the appellants is eligible to college either from the date of appointment or at a later stage, hence the opposite parties after taking into consideration their appointment in respective years when the yard stick of 1977 was in force, has rightly taken decision to release Block Grant in terms of Order 2009.