Kishore Kumar Giri v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.27425 of 2022 Kishore Kumar Giri ....
Petitioner Mr. Sameer Kumar Das, Adv.
-versusState of Odisha and Ors.
....
Opposite Parties Mr. D. Munda, AGA
CORAM:
DR. JUSTICE S.K. PANIGRAHI Order No.
ORDER
21.10.2022 01.
1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the parties.
3. The Petitioner who is serving as a Lecturer in Political Science, Panchayat Samiti Degree College, Suliapada, in the district of Mayurbhanj seeks a direction from this Court to the Opposite Party No.1/ Principal Secretary, Higher Education Department, Government of Odisha, Bhubaneswar to recall the order dated 11.01.2022 appointing the Opposite Party No.4 as Principal-cumSecretary of Panchayat Samiti Degree College, Suliapada, in the district of Mayurbhanj. He further seeks a direction
// 2 // to the Opposite Party Opposite Party Nos.1/ Principal Secretary, Higher Education Department, Government of Odisha, Bhubaneswar and 2/ Director, Higher Education, Odisha, Bhubaneswar to allow him to functjion as Principal-in-Charge -cum-Secretary of the said College keeping in view the judgment dated 11.07.2022 passed by this Court in the case of Kamala Kanta Das -versusState of Odisha and others (W.P.(C.) No.230 of 2022).
4. Learned counsel for the Petitioner submits that this Court has earlier decided the similar issue in the case of Kamalakanta Das (supra). Hence, he submits that this Writ Petition may be disposed of in the light of the judgment passed in the case of Kamalakanta Das (supra).
5. Learned Additional Government Advocate for the State submits that he has no objection, if this matter is disposed of in the light of the judgment passed in the case of Kamalakanta Das (supra).
6. On perusal of the records and the judgment passed in the case of Kamalakanta Das (supra), it appears that similar issue has been decided in the said judgment which was disposed of on 11.07.2022. The ordering portion of the said judgment is as follows.
"32. In the light of above discussions, and guided by the precedents narrated hereinabove, this Court
// 3 // hereby quashes Guidelines dated 31.08.2020 issued by the Department of Higher Education, Government of Odisha containing the mechanism for fixing the seniority of teachers of nonGovernment Colleges for the purpose of appointment of Principal and HODs and directive issued by the State Government whereby the inter se seniority was to be adjudged according to the date of birth. Consequently, the Government letter No.17 dated 01.01.2022/ Annexure-7 issued to the O.P. No.4 is also invalidated. It is further clarified that all the appointments of Principal-in-Charge made by following the Guidelines dated 31.08.2020 issued by the Department of Higher Education, Government of Odisha be made afresh by taking into consideration of date of entry into service as the basis for seniority. The O.P. No.1 is directed to come out with fresh guidelines accommodating the principle of seniority as enunciated by the Supreme Court of India which is an integral part of our service jurisprudence. The Writ Petition is accordingly allowed. No order as to cost.
33. Accordingly, all the Writ Petitions are disposed of."
7. In view of aforesaid common judgment passed in W.P.(C) No.230 of 2022 and batch of cases, this Writ Petition is disposed of. However, the authorities shall examine the facts and circumstances of the present Writ Petition in the light of the common judgment passed in
// 4 // W.P.(C) No.230 of 2022 and batch of cases and if the issue involved therein is squarely covered the present case, the authorities shall consider the Petitioner's case as expeditiously as possible preferably within a period of three months from the date of production of a copy of this order.
8. Urgent certified copy of this order be granted on proper application.
(Dr. S.K. Panigrahi) Judge B.Jhankar