LAWS(ORI)-2023-2-24

STATE OF ODISHA Vs. MINAKETAN BEHERA

Decided On February 07, 2023
State Of Odisha Appellant
V/S
Minaketan Behera Respondents

JUDGEMENT

(1.) The State of Odisha is the appellant and calls in question the correctness of judgment passed by the Presiding Officer, State Education Tribunal, Odisha, Bhubaneswar on 12/8/2013 in G.I.A. Case No. 217 of 2012. As per the said judgment, learned Tribunal directed the State of Odisha in its Higher Education Department and the Director, Higher Education Department (present appellants) to approve the appointment of the respondents and to release grant-in-aid in their favour as per Grant-in-Aid Order, 1994 from the date of their eligibility along with differential salary components.

(2.) Originally, the present appeal was filed on 11/11/2014 along with an interlocutory application being Misc. Case No. 896 of 2015 seeking condonation of delay of 397 days. By order dtd. 7/2/2018, this Court dismissed the Misc. Case and subsequently the appeal was also dismissed by the same order. The State carried the matter to the Supreme Court of India in S.L.P(C) No. 31148 of 2018. By order dtd. 16/11/2018, the Supreme Court allowed the SLP by holding that ends of justice would be met if the delay (in filing of the FAO) is condoned subject to an order of costs. Accordingly, the following order was passed.

(3.) In obedience to such order, the State deposited the amount of costs of Rs.50,000.00 in favour of the respondents, which has since been disbursed to them. Thus, the appeal was restored to file and placed for hearing.