Orissa High Court
Dr. Premalata Rout vs State Of Odisha & Others .... Opposite ... on 11 May, 2023
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C ) NO.12606 of 2023
In the matter of an application under Articles 226 & 227
of the Constitution of India.
..................
Dr. Premalata Rout .... Petitioner
-versus-
State of Odisha & Others .... Opposite Parties
For Petitioner :M/s. B. Routray,Sr.Advocate,
S.K. Samal, Adv.
For Opp. Parties :M/s. B. Panigrahi, ASC.
M/s. P.K. Nayak, Adv.
(for Opp. Party No.4)
PRESENT:
THE HONBLE JUSTICE BIRAJA PRASANNA SATAPATHY
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Date of Hearing: 11.05.2023 and Date of Judgment: 11.05.2023
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Biraja Prasanna Satapathy, J.
1. This matter is taken up through Hybrid Mode.
2. Heard Mr. B. Routray, learned Senior Counsel along with Mr. S.K Samal, learned counsel appearing for the Petitioner, Mr. B. Panigrahi, learned ASC appearing for the State-Opp. parties and Mr. P.K. Nayak, learned counsel appearing for Opp. Party No.4.
3. The present Writ Petition has been filed challenging the order dt.04.04.2023 so issued by the Government in // 2 // the Department of Higher Education vide order dt.04.04.2023 under Annexure-8. Vide the said order, the appointment of Opp. party No.4 was approved as Principal- cum-Secretary, Pattamundai College, Pattamundai in the district of Kendrapara.
4. It is the main contention of the learned Senior Counsel that the order of approval so made in favour of Opp. Party No.4 vide the impugned order dt.04.04.2023 under Annexure-8 since is not in accordance with Section 10(C) of the Orissa Education Act (in short, <The Act=) and Rule 8(3) of the Orissa Education (Recruitment and Conditions of Service of the Staff of the Aided Educational Institutions) Rules, 1974(in short, <The Rules=) the said order is not sustainable in the eye of law.
4.1. Mr. B. Routray, learned Senior counsel contended that without complying the provisions contained under Seciton 10(C ) of the Act and Rule 8 (3) of the Rules, when the guidelines for fixation of seniority of lecturers in non- aided Govt. colleges for the purpose of appointment as Principal and HOD9s was issued by the Government in the Department of Higher Education dt.31.08.2020 under Annexure-1, the said guideline was challenged before this Court in different Writ Petitions. This Court vide its judgment dt.11.07.2022 passed in W.P.(C ) No.230 of 2022 and batch quashed the guideline dt.31.08.2020 so issued by the Department containing the mechanism for fixing of seniority of Lecturers in non-Govt. aided Colleges for the purpose of appointment as Principals and HODs.
Page 2 of 14// 3 // 4.2. It is contended that in view of the order passed by this Curt in its judgment under Annexure-4 in W.P.(C) No.230 of 2022 and batch and subsequent clarification issued by this Court in W.A No.1010 of 2022, the Government in the Department of Higher Education vide Office Order dt.10.10.2022 under Annexure-6 observed that a fresh guideline accommodating the principle of seniority is under process for compliance of the order of this Court in W.P.(C ) No.230 of 2020 and in WA No.1020 of 2022.
4.3. While the matter stood thus and vide order dt.16.11.2022, the services of the present Petitioner was approved as Principal-cum- Secretary of Pattamundai College, Pattamundai. But thereafter basing on the status report submitted by the Sub-Collector, Kendrapara-cum- President, Governing Body Pattamundai College, Pattamundai on 27.01.2023 under Annexure-7, the appointment of private Opp. Party No.4 was approved as Principal-cum- Secretary of the College without any reason or basis and without taking into account the seniority of the Petitioner. Accordingly, the said order is under challenge in the present Writ Petition.
4.4. In course of hearing of the Writ Petition, learned Senior Counsel vehemently contended that even though Section 10(C ) of the Orissa Education Act and Rule 8(3) of the 1974 Rules prescribes the modalities for fixation of common cadre of all the lecturers so appointed in different aided colleges, but the Government-Opp. Party No.1 without following the said provisions is making appointments of Principal In-charge in different aided Page 3 of 14 // 4 // Colleges throughout the State without following the principle of seniority. It is contended that since Section 10(C ) of the Act mandates for fixation of common cadre of lecturers in aided colleges and Rule 8(3) of the 1974 Rules provides for appointment of regular Principal in different aided colleges from out of the said cadre, Opp. party No.1 without framing a common cadre of Lecturers of the aided colleges is making appointments of Principal In-charge without following the principle of seniority. It is further contended that proviso to Rule 8(3) of the Rules though entitles the Government to make temporary arrangement for such appointment of Principal, but the same cannot be for an indefinite period. Rule 10(C) of the Act provides as under :
10-C. 3 Constitution of common cadre and its consequences (1) The State Government may, by order, constitute a common cadre in relation to all or any class of employees of all or any Category of aided educational institutions, as may be specified in the order.
[Provided that the State Government may constitute a common cadre in relation to all or any class of employees of all or any category of aided High Schools or Upper Primary Schools for the whole State or for any education circle as may be specified in the order.] (2) Before constitution of a common cadre under sub- section (1)- The Director in cases of Colleges, and the Inspector of Schools having jurisdiction, in cases of schools, shall furnish detailed information relating to the terms and conditions of service prescribed for such cadre to every employee belonging to that cadre with a notice requiring him to exercise his option within such period, not being less than thirty days and more than forty five days, as may be specified therein, for absorption or otherwise in such cadre.
(3) The option shall be exercised in writing and shall be filed with the Director or the Inspector of Schools, as the case may be.
(4) Any employee who fails to exercise his option within the aforesaid period shall be deemed to have opted for being absorbed in the common cadre.
(5) Where an employee of an educational institution exercises his option for not being absorbed in the common cadre, the managing committee Or, as the case may be, the Page 4 of 14 // 5 // governing body of the institution shall terminate the services of such employee within fifteen days from the date Of receipt of an intimation to that effect from the Director or, as the case may be, the Inspector of Schools; and the provisions of section 10-A shall not apply to any such termination.
(6) An employee belonging to a common cadre may be transferred from One institution to another by the prescribed authority and in the prescribed manner. (7) Whenever an employee belonging to a common cadre is posted or transferred to an institution, the managing committee Or, as the case may be, the governing body of that institution shall be bound to employ him in the service of the institution and to pay all amounts due to such employee on account of his pay, allowances and other dues from out of its fund or from the aid received, directly or Otherwise, from the State Government, and he shall be deemed to bean employee of such institution for all purposes.
(8) Where the Services of any person have been terminated under sub-section (5), he shall, without prejudice to his claims to any leave, provident fund, gratuity or other benefits, if any, as an employee of 8an aided educational institution to which he may be entitled on his retirement or termination of service had the common cadre not been constituted, be paid by the managing committee, or as the case may be, the governing body of the aided educational institution in which he last served, an amount determined in the following manner:4
1. In case of a permanent employee4 Amount to be paid
(a) where the continuous service rendered by him by the date of termination exceeds ten whichever years.
Pay for the remaining period of service or for three months is less.
(b) where such service does not exceed ten years
2. In the case of temporary employee Pay for one month.
Explanation: 4For the purposes of this sub- section, <Pay99 shall include dearness allowance and other adhoc additions to pay by way of interim relief that may be admissible.
(9) For the purposes of calculating gratuity, if any, payable to any permanent employee whose services have been terminated under sub-section (5), the period of qualifying service of such employee shall be increased by the period calculated on the basis provided hereunder-
Period to be added
(i) Where the period of actual qualifying service does not exceed five years.
One year
(ii) Where such period exceeds five years but does not exceed ten years. Two years
(iii) Where such period exceeds ten Three years but does not exceed fifteen years.
Three years
(iv) Where such period exceeds fifteen Four years Similarly Rule 8(3) of the 1974 Rules provides as under.
Page 5 of 14// 6 // (3) Vacancies in the posts of Headmaster of aided Boy9s High Schools and Headmistresses of Girls9 High Schools and Readers, including Principals of aided Colleges under the fold of the system of direct payment of full-salary-cost9 shall be filled up by the eligible trained graduate teachers of respective categories of High Schools and Headmasters and Headmistresses of respective categories of Middle English Schools and by the lecturers belonging to the common cadre of the Aided Colleges, as the case may be, from the select list prepared by the Selection Board in the Manner prescribed in the Regulation framed by the Seleciton Board for the purpose, on the basis of the recommendation of a Committee to be constituted by the Government which shall be headed by the Director. The selection shall be made on the basis of seniority in the common feeding cadre and performance. The zone of consideration shall be thrice the number of vacancies= Provided that ad hoc promotions to the posts of Readers which includes Principles of aided Colleges. Headmasters of aided Boy9s High Schools and Headmistresses of aided Girls9 High Schools under the fold of the system of 8direct payment-of-full- salary-cost9 may however, be made from the concerned common feeding cadre for a period of one year or till the date of receipt of select list from the Selection Board, whichever is earlier, with the prior approval of Government:
Provided further that in the absence of common feeling cadres, appointment to the posts of Headmasters of aided Boy9s High Schools and Headmistresses of aided Girls9 High Schools of the Sate under the fold of the system of direct-payment- of-full-salary cost can be made by the authority from amongst the eligible trained graduate teachers of the respective categories of aided High Schools and aided Middle English Schools, as the case may be, on the recommendation of the Selection Board through an open advertisement. The Selection shall be on the basis of the length of service and performance as trained graduate teachers in aided High Schools or Headmasters and Headmistresses in aided Middle English Schools.
4.5. Mr. B. Routray, learned Senior Counsel also contended that the Opp. Party No.1 is not only complying the provisions contained under Section 10(C ) of the Act and Rule-8(3) of the 1974 Rules, but also Opp Party No.1 is not following the decisions of this Court in the case of Kailash Chandra Champati Vs. State of Odisha and others Page 6 of 14 // 7 // reported in 1990 (II) OLR 533. This Court in Paragraphs 6 to 9 of the said judgment has held as follows.
6. Though I would say that Rule 8(3) is not very happily worded and is not an ideal piece of subordinate legislation, yet on a close analysis it does not lead to any difficulty in interpretation. Reading the rule, different ingredients of it may be analysed as follow-. :
(1) The Post of Headmasters, Headmistresses and Readers including Principals of respectively Aided High Schools and Aided Colleges under the fold of the system of direct payment of full salary cost shall be of filled up under the provisions of the rule.
(2) For the purpose of filling up the vacancies the Selection Board is to prep ire a select list for the respective categories, i. e. for Headmasters Headmistresses and Readers including the Principals. The select list is to be made on the basis of the recommendations of a Committee to be made on the Basis of the recommendations of a Committee to be constituted by the Government which shall be headed by the Director.
(3) The Selection shall be made on the basis of seniority in the feeding cadre and performance, the zone of consideration being thrice the number of vacancies.
(4) The eligible categories for consideration for inclusion in the select list are, so far as Headmasters are concerned, the trained graduate teachers of Aided Boys9 High Schools and the Headmaster of Boys9 Middle English Schools. So far as Headmistresses of Aided Girls9 High Schools concerned, the trained graduate teachers of Aided Girls9 High Schools and Headmistresses of Girls9 Middle English Schools are the eligible persons to be considered.
(5) So far as Readers including Principals are concerned, the Lecturers of the Aided Colleges belonging to the common cadre of Aided Colleges are the eligible categories.
7. The analysis as above would show that the provisions of Rule 8 (3) are applicable only to Aided Educational Insttutiionis the full salary cost of which is covered under the direct payment system. The words 'Respective categories of High Schools and Headmasters and Headmistresses of respective categories of Middle English School= occurring in the rule only mean either the Boys9 School or the Girls9 School, as the appointment shall be made to the post of Headmaster or Headmistresses of the Boys9 High School or Girls' High School. The words 'common feeding cadre' occurring in the rule only mean either the Boys9 School or the Girls9 School, as the case may be, as the appointment shall be made to the post of Headmaster or Headmistresses of the Boys9 High School or Girls9 High School. The words 'common feeding cadre9 occurring in the rule is not a cadre constituted as such, but is only the cadre from which the select list is to be prepared and it is in that context described as the common feeding 'cadre. Thus the words are descriptive in nature and are not definitional. An additional counter affidavit has been filed by the opposite parties as regards the formation of the common cadre of trained graduate teachers for non-Government amendment of Rule 8 (3) stating that the teachers who are drawing trained graduate scales are eligible to be included in the common cadre along with the Headmasters of M. E. Schools who are also trained graduates. Thus, a common Page 7 of 14 // 8 // cadre of eligible categories of respective categories of M. E. Schools, as the case may be, is contemplated. It is apparent that the select list is to be prepared by the Selection Board on recommendations of the Committee by considering the respective common cadres the zone of consideration being three times the number of vacancies. It is purpose alone the common cadre has been described as the common feeding such meaning is understood, there is no difficulty in the (5) So far as Readers to Aided Educational Institutions the full covered under the direct payment system. The fully aided High Schools in connection with the trained graduate teachers of High Schools and Headmasters and Headmistresses of respective categories of M.E. Schools, as the case may be, is contemplated. It is apparent that the select list is to be prepared by the Selection Board on the basis of the recommendations of the Committee by considering the case of the incumbents in the respective common cadres the zone of consideration being three times the number of vacancies. It is for such purpose alone the common cadre has been described as the common feeding cadre. Once such meaning is understood, there is no difficulty in the working of the rule.
8. It is true that such a common cadre has not yet been constituted as is the admitted case of the opposite party Nos. 1, 2 and 3. But however such eventuality has been taken into account in the two provisos to Rule 8(3). The first proviso deals with the case where a common feeding cadre is in existence, but whoever Select list from the Selection Board has not been received. In such event, an ad hoc promotion of one year is permissible with' the prior approval of the proviso deals with the case where the common cases, for appointments to be made, the Board is to be approached which has to select on open advertisement eligible persons for appointment from amongst the persons who are entitled to be in the common cadre the selection being based far as Headmasters and Headmistresses are concerned, on the basis of length of service and performance as trained graduate teachers.
9. When a vacancy occurs in the post of Headmaster it is a vacancy m the cadre of Headmasters which cadre has admittedly already been constituted under the Common Cadre Rules. There is also no dispute to the averment of the opposite parties that opposite party No. 4 is borne in the common cadre of Headmasters. Rules are framed under Sec. 10-C of the Orissa Education Act which empowers the Government to constitute, by order, any common cadre in relation to all or any class of employees or all or any class of employees or all or any category of educational institution, as may be specified in the order. Sub-sec.(6) to Sec.10-C makes an employee belonging to common cadre liable to be transferred to another Sub-sec. (7) casts an obligation upon the Managing Committed or the Governing Body, as the case may be, of the school to which an employee is transferred to employ him in the service of the institution and pay all amount due to such employee on account of his pay, allowances or other, dues and he is deemed to be an employee of the institution for all purposes Rule 9 of the Common Cadre Rules states of the power of the different authorities regarding transfer as also the minimum .period before which an employee may not be transferred. Thus both constitution of common cadre and the transferability of the employees borne in the cadre are legislative provisions and are sacrosanct. It is to be seen that transferability is under the provision of the Act whereas the Rules define the officers Page 8 of 14 // 9 // competent transfers. Hence once a vacancy occurs in the cadre of Headmasters, such vacancy is to be filled up by transfer of an incumbent borne in the common cadre in accordance with the Common Cadre Rules. While constitution of the cadre and transferability of persons in the cadre, rule 8(3) of the 1974 Rules deals with the procedure regarding filling up vacancies in the cadre. Hence Once a vacancy occurs in the cadre, it has to be of necessity filled up only in accordance with the provisions of Rule 8-3) of the 1974 Rules, which is the specific statutory provision for the purpose. But however a particular post is to be filled up by transfer in accordance with the Common Cadre Rues. <Vacancy= and <Post= are not identical in asmuch as while a vacancy occur in the cadre, a post may fall vacant in any particular institution. The post may be filed up by transfer of an incumbent in the cadre, but the vacancy is to be filled up in accordance with the rules contemplated for it, which, so far as institutions covered under the direct payment of full salary cost, is Rule 8(3).= 4.6. Mr. B. Routray, learned Senior Counsel also relied on another decision of this Court in the case of Amit Kumar Pattanaik Vs. State of Orissa and Others, W.P.(C ) No.14057 of 2013 and batch. This Court in Paragraphs 12 & 13 of the judgment has held as follows:
"12. On taking a holitstic view of the matter, we are of the considered opinion that a common cadre of lectures of all the aided colleges of the State have been constituted by the State Government way back on 22.10.1982 vide Annexure-A. In the back drop of the settled legal dictum that once a cadre is constituted of a service, all appointments made thereafter to the service are ordinarily made in the cadre either as within the strength of the cadre or as temporary additions to the strength, we are of the view that when a cadre is constituted, all persons, who were subsequently appointed to the service, are automatically appointed to the cadre and become subject to the conditions of the service relating to the cadre.
13. We further hold that all persons, who are appointed in an aided colleges as lecturers in regular manner and receiving Grant-in-Aid, are borne in the common cadre and the Petitioners being such lecturers are within the common cadre and liable to be transferred, which power is vested in the Government under sub-Sec. 6 of Sec.10-C of the Act.= 4.7. Making all such submissions, learned Senior Counsel contended that unless the State-Opp. party No.1 is directed to comply the provision contained under Section 10(C ) read with Rule 8(3) of the 1974 Rules, this type of proceedings will be brought before this Court challenging the illegal appointment of Principal In-charge-cum-Page 9 of 14
// 10 // Secretary of different Government aided Colleges in the State. Accordingly, it is contended that appropriate order be passed directing the Opp. party No.1 to constitute a common cadre in terms of the provision contained under Section 10(C ) read with Rule 8(3) of the 1974 Rules.
5. Considering the submission made by the learned Senior Counsel, when this Court directed learned State Counsel to obtain instruction in the matter with regard to non-compliance of the provision contained under Section 10(C ) read with Rule 8(3) of the 1974 Rules. Mr. S.K. Samal, learned A.G.A produced before this Court the instruction provided to him by the Department vide letter No.19509 dt.08.05.2023. The instruction so provided by the Government is reproduced hereunder:
<1. There is no regular post of Principal in any Non-Govt. Aided College nor such posts have been created in any of such colleges as on date.
2. The post of Principal is not that of a rank with additional financial benefits and perks and perquisites. It is just a responsibility given to the senior most lecturer of the college.
3. There are two types of colleges which are working under Non-Govt. Aided fold i.e. a. 488-category colleges, where the colleges are fully aided as per the provisions of GIA Order,1 994 with a number of teaching personnel who are in receipt of full GIA being appointed by the Governing Body and also some being sponsored through State Selection Board, Bhubaneswar. Some are also approved under different Block Grant orders under GIA Order-2009 & GIA, Order- 2014. The teaching personnel in receipt of full Grant-in-Aid in such colleges are under the Direct Payment Scheme and constitute a common cadre as per Section 10 - C of the Odisha Education Act, 1969.Page 10 of 14
// 11 // b. 662-Category Colleges, where the colleges have been notified as Aided Colleges under the provisions of GIA,Order- 2008 & colleges under GIA,Order-2014. The teaching personnel in such Aided Colleges have been approved to under Block Grant-Scheme as per the provisions of the said GIA, orders.
4. It is a fact that the teaching personnel approved under direct payment scheme are governed under the Odisha Education (Recruitment and Conditions of Service of Teacher and Members of the Staff of Aided Educatinal Institutions) Rules, 1974 and there is no service conditions for the teaching personnel approved under the Block Grant-Scheme. However, Rule-8 (3) of the Odisha Education (Recruitment and Conditions of service of Teacher and Members of the Staff of Aided Educational Institutions) Rules, 1974 prescribes for filling up the post of Principal from among lecturers belonging to the common cadre of the Aided Colleges. Thus, it is relevant to mention that when in a college either under full Grant/ direct Payment scheme or Block Grant Scheme, there are teaching personnel (lecturers) approved under either Direct Payment Scheme or Block Grant Scheme, it becomes difficult to prepare a common gradation list to ascertain the seniority of such lecturers for the purpose of appointment of Principal regular basis.
5. Further, it is relevant to bring the kind notice that in the 662 -Category Colleges, both the college vis-a-vis the teaching personnel is approved for receiving Block Grant as per the provisions of the Grant-in-Aid order by which such approval is accorded. Those teaching employees being not covered under the service conditions prescribed the Odisha Education (Recruitment and Conditions of service of Teacher And Members of the Staff of Aided Educational Institutions) Rules, 1974 and provisions of 10-C of the Odisha Education Act, 1969 they certainly do not come under the common cadre of lecturers. Therefore, it is difficult on the part of the state to post principals on regular basis in such colleges.
6. Therefore, considering the above facts, now the Higher Education Department has decided to post Principal in-charge in the Non-Govt.Aided Colleges from among the senior most teaching personnel in the said Institution. Therefore, Government vide letter No. 27964 dated 31.08.2020 issued guidelines for fixation of seniority of the teachers of Non-Govt.
Page 11 of 14// 12 // Aided Colleges for the purpose of appointment of Principal-in- Charge. As a subsequent stage, Hon9ble High Court vide common order dated 11.07.2022 passed in a batch matter with lead case i.e. W.P.(C ) No.230 of 2022 while quashing the said guidelines directed for adhering the date of entry into service as the basic indicator to determine such inter-se seniority. Thereafter, while such order was challenged in W.A. NO.1020/2022, the Division Bench vide order dated 28.09.2022 partly allowed the operation of the guidelines dated 31.08.2020 in respect of the teaching personnel who are under direct payment scheme.
7. Therefore, with due regard to the kind orders of Hon9ble High Court dated 11.07.2022 passed in W.P.(C ) No.230/2022 and order dated 28.09.2022 passed in W.A. NO.1020/2022, the Government Department is in process of framing a new guideline for determining inter-se seniority among different categories of teaching personnel in Non-Government Aided Colleges for the purpose of appointment of principal.= 5.1. Similarly a stand was taken that because of the interim order passed by this court in W.P.(C ) No.7748 of 2015 and W.P(C ) No.17522 of 2015 as well as 17685 of 2015, the Department is handicapped in fixing the inter se seniority of Lecturers in aided Colleges. But from the documents enclosed to instruction so provided by Mr. Samal, it is found that the Resolution dt.23.03.2015 which was stayed by this Court in the aforesaid Writ Petitions, was withdrawn by the Govt. vide order dt.20.04.2022.
5.2. Mr. S.K. Samal, learned A.G.A contended that because of the interim order passed by this Court in the above said writ Petitions even though resolution dt.23.03.2015 was withdrawn vide order dt.20.04.2022, but the Government was not in a position to frame the common cadre of lecturers of aided Colleges in terms of Page 12 of 14 // 13 // Section-10(C ) of the Act read with Rule 8 (3) of 1974 Rules.
5.3. This Court after perusing the office order dt.20.04.2022 enclosed to the instruction finds that the resolution dt.23.03.2015 so issued by the Government with regard to posting of Principals in non-Govt. aided colleges, is already withdrawn vide order dt.20.04.2022. This Court taking into account the order passed on 20.04.2022 also disposed of the Writ Petitions in W.P.(C ) No.7748 of 2015, W.P.(C ) No.17522 of 2015 and 17685 of 2015 by holding them to have become infructuous.
Mr. S.K. Samal, learned AGA accordingly contended that in view of the disposal of the Writ Petitions where interim order was in force, if necessary direction will be issued by this Court to constitute the common cadre in terms of 10(C ) of the Act read with Rule 8(3) of the Rules, 1974, the State-Opp. Party NO.1 will take appropriate step for constitution of such common cadre.
6. Mr. B. Routray, learned Senior Counsel taking into account the submissions made by the learned A.G.A also contended that if this Court will fix a time line for compliance of the provision of Section 10(C ) of the Act read with Rule 8(3) of the Rules, then the Petitioner will not challenge the order which is impugned in the present Writ Petition and he will be guided by the framing of the common cadre.
7. Having heard learned counsel for the parties and taking into account the provisions contained under Section Page 13 of 14 // 14 // 10 (C ) of the Orissa Education Act vis-à-vis Rule 8(3) of the 1974 Rules as well as the decisions as cited supra, this court while disposing the Writ Petition directs the Opp. party No.1 to take immediate steps for constitution of common care as provided under Section 10(C ) of the Act read with Rule 8(3) of the Rules within a period of four months from the date of receipt of this order.
Till constitution of such a common cadre, the interim arrangement made by the State with regard to appointment of Principal In-charge in different aided colleges in terms of the proviso to Rule 8(3) of the 1974 Rules shall continue.
8. With the aforesaid observation and direction, the Writ Petition is disposed of.
The instruction provided by the learned A.G.A with the enclosed documents in Court today be kept in record.
(Biraja Prasanna Satapathy) Judge Orissa High Court, Cuttack Dated the 11th May, 2023/sangita Signature Not Verified Digitally Signed Signed by: SANGITA PATRA Reason: authentication of order Location: High Court of Orissa, Cuttack Date: 18-May-2023 17:00:51 Page 14 of 14