Disposed

Prakash Ch.Barad v. State of Odisha

Orissa HC9 Mar 2017WP(C)/3450/2017

Case brief

AI extract

What is this about?

This court directed the Principal Secretary to decide on the petitioner's promotion as Duftary within 60 days after a hearing, based on government rules allowing such posts in colleges with over 1000 students.

What did the court decide?

Direction to the Principal Secretary to consider the petitioner's case on Annexure-7 and pass a reasoned order within 60 days after affording a reasonable opportunity of hearing.

The learned counsel for the petitioner submits a copy of the Government instru ctions orders, circulars issued by the Education & Youth Services Department, bearing No.XE/C- 57/77, 23905/EYS, dated 8-7-77, wherein it has been stipulated that one post of Duftary in t he scale of pay Rs.215-266 in Colleges having students strength above 1000 shall be created au tomatically. Accordingly, a post has been created by the Managing Committee of the NBC College , Kendupadar, and as per Annexure-5, the petitioner has been appointed on promotion as Duftary w.e.f. 02.11.2015. Thereafter, the Principal of the aforesaid college has written a letter to the Director, Department of Higher Education, Odisha, Bhubaneswar for approval of the said p romotion of the petitioner. The said request is still lying with the Government and no decisio n has been taken thereon. However, this Court is of the opinion that the decision has to be ta ken by the Government through its Secretary.

So, the opposite party no.1, Principal Secretary to Government representing th e Government in the Higher Education Department is directed to consider the case of the presen t petitioner and take a decision on Annexure-7, after affording reasonable opportunity of hear ing to the petitioner, within a period of sixty days from the date of notice of this order, b y a reasoned order.

W.P.(C) No.9126 of 2015 Heard in part. Because of non-production of the document, the matter could not be taken up fo r further hearing. Hence, list it on 04.03.2016. Interim order dated 11.05.2015 is extended till the next date. A free copy of this order be handed over to Miss.Sabitri Ratho, learned Addl. Government Advocate for compliance.

Prakash Ch.Barad v. State of Odisha

Case brief

What is this about?

What did the court decide?

Prakash Ch.Barad v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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