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2023 Supreme(SC) 1033

VIKRAM NATH, AHSANUDDIN AMANULLAH
Bichitrananda Behera – Appellant
Versus
State Of Orissa – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Soumyajit Pani, Adv. Mr. Vinodh Kanna B., AOR
For the Respondent(s): Mr. Sibo Sankar Mishra, AOR Mr. Prem Sunder Jha, AOR Mr. Raj Kumar Mehta, AOR Mr. Nagarkatti Kartik Uday, AOR

JUDGMENT :

AHSANUDDIN AMANULLAH, J.

Heard learned counsel for the parties.

2. Leave granted.

3. The present appeal is directed against the Judgment dated 18.01.2017 in F.A.O. No.497 of 2008 (hereinafter referred to as the “Impugned Judgment”) passed by the High Court of Orissa at Cuttack (hereinafter referred to as the “High Court”) whereby the appeal filed by the appellant against judgment dated 15.11.2008 in GIA Case No.39 of 2005 of the State Education Tribunal, Orissa (hereinafter referred to as the “Tribunal”) directing the Respondents No.1 & 2 to approve the appointment of Respondent No.5 on the post of Physical Education Trainer (hereinafter referred to as “PET”) in the Gram Panchayat School, Sailo at Nadhana (hereinafter referred to as the “School”), District Puri and release of block grant in his favour with effect from1[Hereinafter shortened and referred to as “w.e.f.”.] 01.01.2004, has been dismissed.

THE FACTUAL PRISM:

4. The School was established in the year 1987 and was also recognized. On 29.11.1990, the first Managing Committee of the School was constituted and as a stop gap arrangement, a retired government school Physical Education Trainer was appointed on the post of


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