BANALATA MOHAPATRA Vs. STATE OF ODISHA AND OTHERS

JUDGEMENT

(1.) Challenge has been made to the inaction of the opposite parties for not granting arrear grant-in-aid salary to the petitioner for the period from 1.6.1982 to 30.11.2012 against the 2nd post of Lecturer in Economics in Kamala Nehru Women's College, Bhubaneswar. Facts

(2.) The conspectus of the case leading to the writ petition is that petitioner was appointed as a Lecturer in Economics in Kamala Nehru Women's College, Bhubaneswar on 16.7.1979 and joined the post on 27.7.1979. There was seniority dispute between the petitioner and one Sabita Acharya relating to the 1st post of Lecturer in Economics in the said College and that was decided against the petitioner in O.J.C. No. 867 of 1990. Against that order, she went to the Hon'ble Supreme Court vide Civil Appeal No. 3472 of 1998. That was disposed of on 11.5.1999 by upholding the decision of this Court but there was observation of the Hon'ble Supreme Court that the appellant is entitled to get the benefit for the second post provided if she is otherwise qualified. Said judgment has also reported in AIR 1999 SC 1739.

(3.) The Governing Body of the College purportedly recommended to release grant-in-aid in favour of the petitioner in respect of the second post of Lecturer in Economics by observing that she is entitled to get grant-in-aid with effect from 1.6.1982. Since the grant-in-aid was released, the petitioner approached this Court vide O.J.C. No. 7813 of 2001 which was disposed of on 26.7.2001 directing the Opposite Party No. 2 to dispose of the recommendation of the Principal in favour of the petitioner within a period of two months as there no result came out, the petitioner filed a fresh writ petition vide W.P.(C) No. 5302 of 2002 which was disposed of on 30.8.207 permitting the petitioner to withdraw the writ petition with liberty to move the State Education Tribunal. So, the petitioner filed G.I.A. Case No. 208 of 2007 before the learned State Education Tribunal (hereinafter called "the Tribunal"). The learned Tribunal by order dated 22.3.2010 declared that the petitioner is entitled to grant-in-aid with effect from 1.6.1982 against the second post of Lecturer in Economics and accordingly direction was issued to the opposite parties to release grant-in-aid in favour of the petitioner within three months.