JUDGMENT

S. N. PRASAD, J. - This appeal is against the judgment dated 23.05.2012 passed by the Presiding Officer, State Education Tribunal, Odisha, Bhubaneswar in G.I.A. Case No.163 of 2011 whereby and whereunder the grievance of the appellant to extend the benefit of Grant-in-Aid @ 1/3rd w.e.f. 1.6.1992 has been denied and he has been held to get the Grant-in-Aid in pursuant to the Grant-in-Aid Order, 2009.

2. The brief fact of the case of the appellant is that Kharasrota Mahavidyalaya, Singhpur, District-Jajpur was established in the year 1976 with the concurrence of the Government vide letter dated 5.11.1979. Government also granted the concurrence for opening of Intermediate Commerce Course with effect from the Session 1980-81 vide letter dated 17.09.1980 for +2 Science Stream with effect from the Session 1987-88 vide letter dated 5.1.1988. The Government has also granted concurrence for opening of +3 Degree Course with effect from the Academic Session 1986-87 vide letter dated 27.09.1986.

After opening of +2 Science Stream, the appellant was appointed as Gardener vide Order dated 21.7.1986 and joined on 1.8.1986, as would be evident from Annexures-3 and 4 respectively annexed in the memo of appeal. The appointment was subsequently been approved by the Governing Body vide Resolution dated 1.12.1986 (Annexure-5).

The Principal-cum-Secretary of the Governing Body has submitted proposal before the Director, Higher Education, Odisha for approval of appointment of eligible teaching and non-teaching staff of +2 Science Stream, in turn, the Director has submitted the proposal to the Government but no action was taken by the Government for a long period, which led the appellant to file the writ petition i.e. O.J.C. No.3705 of 1987 before this Court and in pursuant to the direction passed by this Court, the State Government has approved the appointment of some of the eligible staff leaving the case of the appellant. Hence, appellant again approached to this Court by filing another writ petition i.e. O.J.C. No.14377 of 1997 which was disposed of vide order dated 24.12.1997 with a direction to the Director, Higher Education, Odisha to take final decision with regard to the approval of the service of the appellant but no action whatsoever has been taken and while the matter was pending before the Government, the appointment of the appellant was approved under Grant-in-Aid Order, 2009.

The appellant, having no option, has approached to the Odisha Education Tribunal under the provision of Section-24-B of the Orissa Education Act, 1969 which was registered as G.I.A. Case No.163 of 2011 wherein prayer has been made to release the grant-in-aid @ 1/3rd w.e.f. 1.6.1992 and accordingly sought for modification of the order dated 19.5.2010 as contained under Annexure-6 by modifying it for extending the benefit of grant-in-aid @ 1/3rd w.e.f. 1.6.1992, but the Odisha Education Tribunal has rejected the aforesaid claim against which the present appeal has been field inter alia on the ground that the appellant’s College is Category-I College as per Clause-9(2)(B)(i)(a) of the Orissa (Non-Government Colleges, Junior Colleges and Higher Secondary Schools) Grant-in-Aid, Order, 1994 and the post was admissible as per workload and yardstick prevalent prior to commencement of the Grant-in-Aid Order, 2009.

The appellant’s appointment cannot be approved under the Grant-in-Order, 2009, since the appellant is fulfilling all eligible criteria as laid down in the Grant-in-Aid Order, 1994, he is entitled to be given benefit under the Grant-in-Aid Order, 1994 instead of Grant-in-Aid Order, 2009. But without appreciating this aspect of the matter, the relief sought for by the appellant has been rejected by the Tribunal.

The other ground has been taken by the appellant is that Smt. Sukesini Bihari, Lay Attendant of Stewart Science College under Grant-in-Aid Order, 1994 has been given the benefit, but denying the same to the appellant is highly discriminator