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High CourtsDivision Bench(2005) 01 OHC CK 0019

Anjalibala Lenka vs State of Orissa and Others

Orissa High Court · Decided on 28 January 2005 · Citation: (2005) 99 CLT 551

HON’BLE JUDGES
Pradip Mohanty, J · A.K. Patnaik, J
CASE NUMBER
Original Jurisdiction Case No. 2067 of 2000

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Judgment

8 paragraphs · 387 words

Pradip Mohanty, J.—In this Writ Petition, the petitioner seeks for a direction to the opposite parties to approve her service as Store Keeper in Zoology in Adikabi Sarala Das college.

2.

The petitioner''s case, in short, is that she was selected by the Governing Body of the college for the Store Keeper in which post the petitioner joined on 10.09.1986. For the brief period, the petitioner was asked to work as Store-keeper in the Department of Psychology, but later she was adjusted in the post of Store Keeper in Zoology. According to the petitioner the Governing Body of the College has submitted proposal for approval of the post of the petitioner which was verified on 16.08.1996. But due to non availability of the records, no order was passed on the proposal submitted by the college. Thereafter, the college has submitted all the papers under Annexure-2 which is dated 2.4.1997.

3.

Though a counter affidavit has been filed by Opposite Party No. 2 disputing the eligibility of the petitioner to hold the post of Store Keeper, it has not been indicated as to what action has been taken on the proposal submitted by the college. The proposal is pending with the opposite parties for the last seven years.

The petitioner has filed a rejoinder affidavit wherein it has been stated that at the time when the petitioner was appointed by the Governing Body of the college, she had the requisite qualification as per the yardstick prevailing then.

4.

Be that as it may, the fact remains that no decision has yet been taken on the proposal submitted by the College for approval of the post of Store Keeper. In that view of the matter, we direct Opposite Parties 1 and 2 to take a decision on the aforesaid proposal within a period of two months from the date of receipt of Writ of this Court. While doing so, they shall keep in mind the educational qualification for the post of Store Keeper prevailing at the time of initial appointment of the petitioner. In the event, they take a decision to approve the services of the petitioner, necessary consequential order with regard to her salary under the grant-in-aid fold shall be passed.

5.

With the aforesaid direction, the Writ Petition stands disposed of.

A.K. Patnaik, J.

6.

I agree.