Considering the contention raised by learned counsel for the parties and after going through the records, it appears that the petitioner was appointed as a lecturer in Chemistry in Maa Sarala Devi Mohavidyalaya, Kothar in the district of Bhadrak by getting an appointment order and he joined the post on 24.10.1994. From August, 2002 due to suffering from illness, he was absent from his duties. Thereafter, the authority did not allow him to join in service to discharge the duty and, as such, he has been prevented to discharge the duty. Therefore, he filed a representation before the Director, but the Director treated the same as appeal and passed the order stating that the same is barred by limitation. But fact remains, by the time the Director has taken into consideration the representation of the petitioner, the college in question has become an aided educational institution within the meaning of Section-3(b) of the Orissa Education Act w.e.f. 01.01.2004. Thereby, the jurisdiction which has been conferred with the Director by virtue of the Government Circular dated 27.03.1983 could not have been exercised, as the college has become an un-aided one. Thereby, the Director could have disposed of the representation stating that he has no jurisdiction to entertain the appeal, instead of doing so, the Director rejected the appeal on 12.08.2010 in Annexure-2 on the ground of limitation, which is not permissible under law.
