Jhasaketan Satapathy vs State Of Odisha & Others

M.S. Raman, J

This matter is taken up through hybrid mode.

Heard learned counsel for the parties.

Challenging the Order dated 14.02.2013 vide Annexure-6 passed by the Director, Higher Education, Odisha, Bhubaneswar, the Petitioner has come up before this Court by way of filing the writ petition with the following prayers:-

“xxx xxx xxx xxx

(i) quash the impugned order under Annexure-6 passed by the Director, Higher Ediucation, Odisha holding and justifying continuance of O.P. No.5 as Lecturer-in-Logic in Panchayat Samiti College in Gurundia is otherwise illegal and perverted;

(ii) and further direct the Govt. to allow the present petitioner to continue in the post of Lecturer-in-Logic in P.s. College, Gurundia with all benefits admissible to the post.”

Mr. Biraja Prasanna Das, learned counsel appearing for the Petitioner has placed the order dated 14.02.2013 (Annexure-6) passed by Director, Higher Education, Odisha, Bhubaneswar, which reads as follows:

“ ORDER

The Hon’ble High Court, Odisha while disposing W.P.(C)No.15794/2009 filed by Jhasa Ketan Satpathy vide their Order dt.10.11.09 directed the DHE (O) to dispose of the appeal, if the same is pending since 30.03.09. In pursuance of the orders of Hon’ble High Court, Odisha notices were issued to all parties concerned and the matter was finally heard on 17.12.12. The Appellant appeared in person and submitted a copy of his appointment order which was issued in 2007. He had alleged that he was not allowed by the Principal to sign the attendance register since 2009 against whom he had filed an appeal before the DHE(O). But on verification of records it was confirmed that no such appeal was filed on 30.03.2009 or thereafter. The appellant could not also produce any acknowledgement of receipt issued by the Diary Section of the Directorate of Higher Education. However the Secretary of the G.B. who entered appearance through his counsel produced GB Resolution Book, Attendance Register etc. which confirmed appointment and continuance of Sri Tapan Kumar Dandia since 25.01.1996. The Appellant submitted that Sri Dandia was terminated from Service. But no such document was available on record to prove his termination. The Advocate appearing for the G.B. argued that the Appellant was never appointed in the College.

The Appellant had not also mentioned about termination of Sri Dandia in his appeal. Therefore, the Appellant Sri Satpathy was appointed much after Sri Dandia joined the College as Lect. in Logic. If the workload of the college justifies for the 2nd post of Lect. in Logic the G.B. is directed to retain him in service.”

In the meantime, during pendency of the writ petition, office order bearing No.11775/HPC-V-02/2021 dated 29.09.2022 has been communicated to the Secretary, Council of Higher Secondary Education, Odisha, Bhubaneswar citing increase of seats during academic session 2022-23. In the said letter, a list of colleges have been mentioned, where at serial No.783, Panchayat Samiti Higher Secondary School, Gurundia has been shown to have accorded increase in seats, thereby it now comes to 256 (128 + 128) seats in toto.

A memo enclosing the copy of office order dated 29.09.2022 of Director of Higher Secondary Education has been filed by the learned counsel for the Petitioner in Court today, which is taken on record.

Mr. J.K.Khuntia, learned counsel appearing for the Opposite Party Nos. 3 &4 submitted that in view of subsequent development as and when the second post is created effect of order dated 14.02.2013 under Annexure-6 shall be given effect to.

In such view of the matter the writ petition is disposed of as conceded by both the counsel for the respective parties.

It is needless to say that the effect of the order dated 14.02.2013 shall be considered by the Opposite Party Nos. 3 and 4 in its due perspective.

Interim order already granted stands vacated by virtue of disposal of the writ petition.

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