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2008 Supreme(Ori) 1120

I.MAHANTY, B.P.DAS
SUDARSAN MISHRA – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
B. Routray, A.K. Baral, D.K. Mohapatra, R.K. Das, B.N. Satpathy and B.B. Routray, for the Appellant; S. Das and Additional Government Advocate, for the Respondent

JUDGMENT :

1. The case of the Petitioner as delineated in this writ application tends to reveal as follows:

The Petitioner on being selected was appointed as a Lecturer in Oriya in Class-II of the Orissa Educational Service on ad hoc basis and was posted in the Government Evening College, Sambalpur (Annexure-1). While continuing there, he was extended the benefit of UGC scale of pay, as stated. While the Petitioner was continuing in the said College, the State Government decided that the Lecturers, who were continuing in the Government Colleges and whose services had not been concurred by the Public Service Commission, would be given appointment in the aided colleges. Accordingly, the Petitioner joined as Lecturer in Oriya in the Nayagarh College, Nayagarh on ad hoc basis and the said appointment was extended from time to time with the approval of the Director of Hrgher Education, O.P.2.

During such continuance of the Petitioner, the Orissa Aided Educational Institutions (Appointment of Teachers Validation) Act, 1981 (hereinafter referred to as 'Validation Act') was enacted. Section 3 of the said Validation Act stipulated that the Lecturers of aided colleges, who being appointed by th









































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