STATE OF ORISSA Vs. MOHAMMAD FAKIRUDDIN AND DR MRS GIRISHBALA MOHANTY
LAWS(SC)-1993-10-65
SUPREME COURT OF INDIA (FROM: ORISSA)
Decided on October 14,1993

STATE OF ORISSA Appellant
VERSUS
Mohammad Fakiruddin And Dr Mrs Girishbala Mohanty Respondents

JUDGEMENT

Venkatachala, J. - (1.) Leave is granted.
(2.) These appeals of the State of Orissa are directed against the common Judgment dated April 6, 1993 in O.A. Nos. 1088 and 1587 of 1992 of the Orissa Administrative Tribunal. By that Judgment, the Tribunal has not only quashed the Orissa Government Order dated October 17,1992, by which respondent-2, Dr. (Mrs.) Girishbala Mohanty, the Director, Elementary Education of its Education Department had come to be transferred and posted on ad hoc basis as the Director, Higher Education of its Education Department, but also has directed the Orissa State Government to fill-up the vacancy in the post of Director, Higher Education caused by such quashing. Further, that direction is required to be implemented by Orissa Government after considering the cases of all officers belonging to Orissa Education Service of Senior Administrative Grade constituted under the Orissa Education Service (Senior Administrative Grade) Recruitment Rules, 1990, to be called the Education Service Rules, 1990, as regards relaxation of the requisite number of years of experience according to the Education Service Rules, 1990, as stood amended by the Orissa Education Service (Senior Administrative Grade) Recruitment (Amendment) Rules, 1992, to be called the Education Service Amendment Rules, 1992, if otherwise merited and suitable having due regard to seniority.
(3.) The Education Service Cadre under the Education Service Rules was comprised of all the posts categorised as Principals of Grade-I and Director of Higher Education and the other posts to be brought by the State Government from time to time into that cadre.;


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