JUDGMENT :

D.P. Choudhury, J.

Challenge has been made to the inaction of the opposite parties for not granting arrear grant-in-aid salary to the petitioner for the period from 1.6.1982 to 30.11.2012 against the 2nd post of Lecturer in Economics in Kamala Nehru Women’s College, Bhubaneswar.

FACTS

2. The conspectus of the case leading to the writ petition is that petitioner was appointed as a Lecturer in Economics in Kamala Nehru Women’s College, Bhubaneswar on 16.7.1979 and joined the post on 27.7.1979. There was seniority dispute between the petitioner and one Sabita Acharya relating to the 1st post of Lecturer in Economics in the said College and that was decided against the petitioner in O.J.C. No.867 of 1990. Against that order, she went to the Hon’ble Supreme Court vide Civil Appeal No.3472 of 1998. That was disposed of on 11.5.1999 by upholding the decision of this Court but there was observation of the Hon’ble Supreme Court that the appellant is entitled to get the benefit for the second post provided if she is otherwise qualified. Said judgment has also reported in AIR 1999 SC 1739.

3. The Governing Body of the College purportedly recommended to release grant-in-aid in favour of the petitioner in respect of the second post of Lecturer in Economics by observing that she is entitled to get grant-in-aid with effect from 1.6.1982. Since the grant-in-aid was not released, the petitioner approached this Court vide O.J.C. No.7813 of 2001 which was disposed of on 26.7.2001 directing the Opposite Party No.2 to dispose of the recommendation of the Principal in favour of the petitioner within a period of two months as there no result came out, the petitioner filed a fresh writ petition vide W.P.(C) No. 5302 of 2002 which was disposed of on 30.8.207 permitting the petitioner to withdraw the writ petition with liberty to move the State Education Tribunal. So, the petitioner filed G.I.A. Case No.208 of 2007 before the learned State Education Tribunal (hereinafter called “the Tribunal”). The learned Tribunal by order dated 22.3.2010 declared that the petitioner is entitled to grant-in-aid with effect from 1.6.1982 against the second post of Lecturer in Economics and accordingly direction was issued to the opposite parties to release grant-in-aid in favour of the petitioner within three months.

4. As the order passed by the learned Tribunal was not complied, the petitioner approached this Court in W.P.(C) No.17706 of 2010 and at the same time filed Execution Case No.67 of 2011 before the Tribunal for implementation of the order. While the matter stood thus, the opposite parties had filed F.A.O. No.195 of 2012 against the order of the learned Tribunal before this Court. Since the F.A.O. was pending, the learned Tribunal in the Execution Case directed to execute the order dated 22.3.2010 subject to result of F.A.O. No.195 of 2012. The F.A.O. No.195 of 2012 was dismissed by this Court on 2.7.2013 on the ground of delay. So, the petitioner submitted the certified copy of the order of this Court passed in F.A.O. No.195 of 2012 with her representation to the Opposite Party No.1 to release her dues in terms of the order dated 22.3.2010 passed in G.I.A. Case No. 208 of 2007. As there was no action taken in her representation, the petitioner filed Contempt Petition vide CONTC No.1374 of 2013 before this Court. But said Contempt Petition was allowed to be withdrawn granting liberty to the petitioner to file a writ petition assailing the inaction of the opposite parties for not releasing grant-in-aid in terms of the order passed by the Tribunal. In terms of the liberty given, the petitioner filed W.P.(C) No. 4880 of 2014 seeking release of arrear salary and other dues including retiral dues as in the meantime she has retired on 30.11.2012.

5. The above writ petition was disposed of on 10.4.2014 by this Court with a direction to the State Governmen