Swapna Mohanty vs The State Of Odisha State Of Orissa And ...

1. The Appellant was appointed as a Lecturer in English against the 2nd post in the Indira Gandhi (Junior) Mahavidyalaya, Nimapara (hereinafter referred to as “the College”). On 24th November, 1991, the Appellant was elevated to the 1 st post of Lecturer in English due to the resignation of Chaudhury Ramakanta Dash. Respondent No.4 was appointed against the 2nd post which was held by the Appellant prior to her being appointed to the 1 st post of Lecturer. The services of the Appellant were terminated on 29 th July, 2001 by the Special Officer of the College. Thereafter, Respondent No.4 was appointed to the 1 st post of Lecturer in English on 14th October, 2001. On 3rd August, 2002, the Appellant filed an appeal challenging the order of termination of her service. The College was admitted to grant-in-aid w.e.f. 1st January, 2004. By a letter dated 7 th July, 2005, the Appellant requested the Director, Higher Education to expedite the hearing of her Appeal dated 3 rd August, 2002. The Director, Higher Education vide 2 | Page order dated 21st February, 2006 allowed the appeal and set aside the order dated 29 th July, 2001 by which the Appellant’s services were terminated. The Appellant was reinstated as Lecturer in English in the 1st post on 28th February, 2006.

2. The Appellant approached the State Education Tribunal, Odisha by filing GIA Case No.120 of 2006 under Section 24-B of the Odisha Education Act, 1969 seeking a direction to the Government of Odisha and the Director, Higher Education to approve her appointment against the 1st post of Lecturer in English in the College and to release grant-in-aid w.e.f. 1st January, 2004. The State Education Tribunal by its judgment dated 3rd December, 2008 allowed GIA Case No.120 of 2006 by granting the relief prayed for. Aggrieved by the non-implementation of the directions issued by the State Education Tribunal, the Appellant filed a Writ Petition in the High Court of Odisha which was allowed by a judgment dated 25th November, 2009. The State Government was directed to implement the judgment of the State Education 3 | Page Tribunal in GIA Case No. 120 of 2006 within a period of six months.

3. Respondent No.4 filed GIA Case No. 36 of 2010 in the State Education Tribunal seeking approval of his appointment in the 1st post of Lecturer in English in the College. During the pendency of the said appeal, the State Government approved the appointment of the Appellant in the 1st post of Lecturer in English by an order dated 13th January, 2011 and released the grant-in-aid in favour of the Appellant. It is relevant to note that the appeal filed by the State Government against the order dated 3rd December, 2008 of the State Education Tribunal was rejected by the High Court. The Tribunal dismissed GIA Case No. 36 of 2010 filed by Respondent No.4. Respondent No.4 challenged the judgment of the State Education Tribunal in the High Court. The High Court allowed the appeal filed by Respondent No.4. Respondent No.4 was declared to be entitled to receive the grant-in-aid against the 1st post of Lecturer in English.

5. The High Court proceeded on the basis that the appeal preferred by the Appellant to the Director, 5 | Page Higher Education was filed on 7 th July, 2005. The High Court found fault with the Appellant for filing an appeal after a delay of four years from the date of the order of termination of her service on 29 th July, 2001. As the College was admitted to grant-in-aid on 20 th February, 2004, the High Court held that Director, Higher Education did not have jurisdiction to entertain the appeal.

10. For the aforementioned reasons, the judgment of the High Court is set aside and the Appeal is allowed.

12 | P a g e