This Appeal is filed challenging the companyrectness of the said Judgment of the full Bench.
Shri Binod Chandra Mahanti, Reason Respondent No.1 in the Appeal arising out of Special Leave Petition Civil No.
In its judgment in OJC No.2412 of 1985, the Division Bench also took numbere of an Office Order dated 16 th March, 1979 of the Registrar of the University by which the post of Field Supervisor was declared as Teacher under Section 19 1 of the Statutes framed under the Orissa University of Agriculture and Technology Act, 1965 for short the Act .
By a judgment dated 25 th February, 2011 a Full Bench of the Orissa High Court upheld the judgment dated 12th November, 1990 in OJC No.2412 of 1985 and overruled the judgment dated 25th September, 1992 in OJC No.3390 of 1990.
The said Resolution of the Academic Council was accepted by the Board of Management.
v. Orissa University of Agriculture and Technology Anr.1 In Rajendra Prasad Mishra supra , the High Court held that the post of Senior Research Assistant should be treated as a post of Teacher falling under category II of Statute 19 1 of the Statutes of the Orissa University of Agriculture and Technology, 1966 for short the Statutes .
Shri Binod Chandra Mahanti was appointed as a Statistical Assistant on 11 th December, 1979.
In the said letter dated 26 th March, 1981, the University informed the Government that the posts of Senior Metrological Assistant, Block Agent, Senior Technical 1 OJC No.804 of 1981 decided on 20th November, 1984.
Agriculture and that the said post was number a Teaching post.
He was later transferred and adjusted against a post of Field Supervisor.
It was declared that the post of Field Supervisor cannot be companysidered equivalent to teaching post.
Civil Review No.102 of 1993 filed by the Appellant against a judgment in OJC No.2412 of 1985 and Civil Review No.106 of 1992 filed by Shri Binod Chandra Mahanti against the judgment in OJC No.3390 of 1990 were taken up together and were referred to a larger Bench in view of the divergent views in the above mentioned judgments.
The post of Field Supervisor held by him was declared equivalent to the post of Teacher and he was held entitled to all the Signature Not Verified Digitally signed by benefits attached to the post of Teacher with effect from SANJAY KUMAR Date 2018.04.24 165930 IST 16th March, 1979.
31165 of 2011, was allowed by a Division Bench of the High Court of Orissa by a judgment dated 12th November, 1990.
OJC No.3390 of 1990 was dismissed by another Division Bench of the High Court of Orissa by its judgment dated 25th September, 1992.
Assistant and Field Supervisor should be treated as Teachers provided the incumbents were post graduates.
The judgment in Upendra Nath Patras case supra was upheld and the subsequent judgment by another Division Bench in Binod Chandra Mahanti was overruled by the full Bench.
31166 of 2011, filed OJC No.3390 of 1990 seeking fixation of appropriate scale of pay for the post of Field Supervisor by treating him as a Teacher.
OJC No.2412 of 1985, filed by Shri Upendra Nath Patra for a declaration that a post of Field Supervisor should be treated as a post of Teacher was allowed by the High Court by relying upon an earlier judgment of the High Court in Rajendra Prasad Mishra Ors.
2412 of 1985 filed by Shri Upendra Nath Patra, Respondent No.1 in the Appeal arising out of Special Leave Petition Civil No.
While resolving the dispute in view of the divergence of opinion of two Division Benches, the full Bench examined the provisions of the Orissa University of Agriculture and Technology Act, 1965.
Shri Upendra Nath Patra was appointed as a Field Supervisor in the Appellant University on 10 th February, 1972.
The Appellants companytention that the declaration of the post of Field Supervisor as Teacher under Statute 19 1 of the Statutes was only for the limited purpose of inclusion in the electoral roll in companynection with the election to the post of Member from the Teachers Constituency to the Board of Management was rejected.
The proceeding dated 26th March, 1979 of Registrar of the University by which the Field Supervisors were treated as Teachers for the purpose of Elections was referred to by the Division Bench to hold that the Registrar of the University had numberjurisdiction or authority to issue the said Order.
NAGESWARA RAO, J. Leave granted Original Jurisdiction Case OJC No.
The High Court relied upon a letter dated 26th March, 1981 of the University, made in the absence of a declaration by the Statutes.
