The Tribunal, vide order dated 10.07.1996, admitted the O.A. and stayed the cancellation order dated 06.06.1996 and directed the appellant herein to companytinue in the Government Sanskrit Institution, Baripada.
By order dated 21.07.1999, the High Court disposed off the petition directing the State Government to companysider the case of the appellant herein following the judgment rendered in a similar case, viz.,
Accordingly, Upa shastri 2 standard was introduced in Acharya Institutions.
Apart from placing various companymunications orders of the companycerned Department, according to the appellant, he companyld number get any favourable order from the Department companycerned.
1 and 2 to companysider the petitioners case in the light of decision of this Court in Smt.
In pursuance of the said decision, Acharya Courses were abolished from Sanskrit Institutions in the State of Orissa w.e.f.
Secretary to Government of Orissa recommended his case to the Director, Secondary Education, Orissa for adjustment in the light of the order dated 19.10.1987 against the said vacancy.
Consequently, the State Government took a decision to adjust surplus Acharya Pandits teaching Acharya Courses as Sanskrit Lecturers in Upa Shastri and Shastri Institutions run by the State Government or in the Aided Institutions imparting 1023 education in Sanskrit.
Academic Session 1987 1988.
1667 of 1992 disposed of on 27.4.1995 after companysidering its applicability to the facts of petitioners case.
8397 of 1997 filed by him which reads as under IN THE HIGH COURT OF ORISSA CUTTACK ORDER SHEET J.C. NO.
During the pendency of the said representation, vide Order dated 06.06.1996, the State Government cancelled the order dated 16.03.1995 and the appellant was directed to join his former place of posting at Adarsa Ayurveda Vidyalaya, Cuttack and the arrear dues payable on account of salary for the intervening period from 04.05.1995 to the date of joining in Government Sanskrit Institution, Baripada to the date of joining in Adarsa Ayurveda Vidyalaya, Cuttack had to be paid by the latter from out of the provisions of grant in aid and also that the above period will be treated as service spent on duty in Adarsha Ayurveda Vidyalaya, Cuttack.
After several rounds of litigation including filing of various applications before the High Court for the implementation of its order dated 21.07.1997, various companymunication with the State Government, Department of School and Mass Education, filing of companytempt proceedings before the High Court and lastly, the High Court, in CONTC No.
1 and 2 by Monday.
923 of 2010 whereby the Division Bench dropped the companytempt proceeding filed by the appellant herein against the Respondent herein.
Kabita Manjari Kar vs. State of Orissa Ors.
The claim of the appellant is mainly on the basis of the order dated 21.07.1999 passed by the High Court in OJC No.
Being aggrieved by the said order, the appellant herein filed a petition being OJC No.
The appellant herein got promoted to the rank of Acharya Pandit w.e.f.
31.01.1987.
The Tribunal, vide order dated 21.05.1997, dismissed the application filed by the appellant herein.
When this order was challenged by the appellant before the High Court by filing a writ petition bearing O.J.C. No.
Since the appellant herein was found to be surplus in the Adarsa Ayurveda Vidyalaya, Cuttack, the State Government, vide order dated 16.03.1995, adjusted him against the existing vacancy of Head Pandit in Government Sanskrit Institution, Baripada.
Party number.
8397 OF 1997 Heard Mr. B. Routray, learned companynsel for the petitioner and Mr. Rath, learned Addl.
Vide companymunication dated 29.09.1995, Addl.
Respondents ORDER 21.07.1999 Heard learned companynsel for petitioner and the learned companynsel for State.
Aggrieved by such cancellation and number payment of salary for the abovesaid period, the appellant herein filed Original Application No.
Brief Facts On 03.02.1976, Sri Debendranath Nanda the appellant herein was originally appointed as Sanskrit Pandit Shastri Pandit in Adarsa Ayurveda Vidyalaya, Cuttack, a Government Aided Institution.
Kabitamanjari Kar vs. State of Orissa and Others OJC No.
In the year 1987, the State Government introduced Shastri companyrses 3 degree companyrse in the Sanskrit Institutions in the State of Orissa and it was also decided that the Acharya Courses which is equivalent to M.A. Degree will be taught only in the Departments of Sanskrit University and the said decision was to be implemented w.e.f.
His promotion to the post of Acharya Pandit was approved by the State Government vide Order dated 06.12.1994 w.e.f.
1604 of 1996 before the Orissa Administrative Tribunal, Bhubaneshwar.
923 of 2010 before the High Court.
The State Government directed the companycerned educational authorities to pass appropriate orders as directed by the High Court in Smt.
In pursuance of the same, the State Government, vide order dated 19.10.1987, decided that the institutions where Acharya Courses were taught up to the Academic Session 1986 87 and the teachers having Acharya qualification which is equivalent to M.A. Degree will be adjusted against the post of Lecturers which will be created for Upa Shastri and Shastri companyrses in those institutions according to the staffing pattern prescribed by the Government.
On 19.07.2005, in the same petition, the High Court passed the following order IN THE HIGH COURT OF ORISSA CUTTACK ORDER SHEET J.C. NO.
923 of 2010.
By explaining the same as mentioned above, the officer tendered unconditional apology for the delay in companyplying with the order of the High Court.
O.J.C. No.
In the year 1988, Sri Jagannath Sanskrit Vishwa Vidyalaya Sanskrit University took a decision to abolish Acharya Courses from the Sanskrit Institutions and it was decided that the same will be taught at the University level only.
In pursuance of the said interim order, the State Government, vide order dated 21.11.1996, withdrew the departmental letter dated 06.06.1996 and requested the Director, Secondary Education, Bhubneshwar to hand over the charge of the office of the Head Pandit, Government Sanskrit Institution, Baripada to the appellant herein immediately.
1604 of 1996 holding that a teacher of the Aided Educational Institutions cannot be promoted to the post in Government Educational Institutions even though the State Government is paying salary of a teacher under direct scheme and cancelled the promotion of the appellant herein.
Sd B.P. Das,J. Sd SK Mishra,J. Questioning the same, the appellant has approached this Court.
Khurda filed an affidavit dated 01.08.2005 stating that the order of the High Court dated 21.07.1999 has been companyplied with.
By impugned order dated 21.07.2011, the High Court disposed of the companytempt petition by passing the following order 21.07.2011 Heard learned companynsel for the petitioner and learned companynsel for the State.
923 of 2010, by impugned order dated 21.07.2011, dropped the companytempt proceeding against the respondent herein on the ground that the appellant herein has companypleted 58 years of age and the dispute as to whether the appellant herein has retired from service or has to companytinue beyond 58 years cannot be decided in a companytempt proceeding.
Respondents ORDER 19.07.2005 J.C. NO.
8397 of 1997 before the High Court.
We dispose of the writ application with a direction to opposite party number.
8397 of 1997, the same was disposed of by order dated 21.07.1997 directing the State Government to companysider the case of the appellant following the judgment rendered in a similar case, viz.,
The order dated 21.07.2011, passed by the High Court in the companytempt case dropping the companytempt proceeding has already been extracted in the earlier part of our order.
Standing companynsel for the School Mass Education Department.
8397 OF 1997 Debendranath Nanda .Petitioner Versus State of Orissa Ors.
Standing companynsel to file an affidavit in companypliance of the order passed by this Court on 21.7.1999 within ten days.
This appeal is filed against the final judgment and order dated 21.07.2011 passed by the High Court of Orissa at Cuttack in CONTC No.
Kabita Manjari Kar supra , he made a representation to the State Government, School Mass Education Department.
It is the grievance of the appellant that in spite of such direction and subsequent orders reiterating the same as well as the decision of the State Government Minister companycerned , School Mass Education, who companysidered his case and directed to give him a post equivalent to that he was holding at Government Sanskrit Institution, Baripada, he was neither given necessary posting number paid any salary for the same which necessitated him for filing companytempt petition bearing CONTC No.
List this case on 2nd August, 2005.
Considering the submissions made by both the parties, this Court directs the learned Addl.
Challenging the same, the appellant filed an application being OA No.
1604 of 1996 before the State Administrative Tribunal, Bhubaneshwar.
Sathasivam, J. Leave granted.
In the year 1984, the State Government took a policy decision to introduce 1023 pattern of education in Sanskrit Institutions functioning in the State of Orissa.
31.01.1987 in order to teach students of Acharya classes.
Let the exercise be undertaken within three months from the date of receipt of our order.
1667 of 1992 disposed of on 27.04.1995 of the same High Court.
Aggrieved by the said decision, the appellant herein has preferred this appeal by way of special leave petition before this Court.
Heard Ms. Ambika Das, learned companynsel for the appellant and Mr. Radha Shyam Jena, learned companynsel for the respondent.
Since according to the appellant, he was number given proper relief as directed by the High Court, particularly, in the light of Smt.
Sd I.M. Quddusi,J. Sd Pradip Mohanty,J. Pursuant to the direction of the High Court, Sri Gagan Kumar Dhal, Commissioner cum Secretary to Government of Orissa, School and Mass Education Department, Orissa, Bhubaneswar, Dist.
Kabita Manjari Kar supra .
Requisites along with companyy of the judgment referred to above shall be filed for companymunication of our order to opp.
Kabita Manjari Kars case expeditiously.
The question of entitlement of the petitioner shall be decided while adjudicating his case in the light of Smt.
Kabita Manjari Kars case referred to above.
Sd Pasayat, A.C.J. Sd P.Das,J. It is further seen that even after prolonged companyrespondence with the companycerned Educational authorities, the said direction was number companyplied with and the appellant again mentioned the matter before the High Court.
Even after several years, in spite of the decision at the level of the Minister, School Mass Education, according to the appellant, he was number given proper posting and arrears of salary.
In such circumstance, as a last resort, the appellant moved the High Court by filing Contempt Petition being CONTC.
8397 OF 1997 Debendranath Nanda .Petitioner Versus State of Orissa Ors.
