PRAHALLAD PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner seeks to assail the judgment passed by the State Educational Tribunal, Orissa dated 4th November, 1997 in Appeal No. 3 of 1997 (Annexure -6), in this writ petition.

(2.) THE petitioner was initially appointed by the Managing Committee of Swapneswar High School, Odiso in the district of Jajpur as Section Teacher on 10.11.1982. In the year 1988 a post of Assistant Teacher fell vacant due to resignation of one of the Teachers. Consequently, the petitioner was adjusted against the said regular post, which was within the standard staffing pattern of the school. The decision of the Managing Committee dated 26.6.1988 adjusting the petitioner in the said post was communicated on 11.7.1988 to the Director, Secondary Education. While in service, the petitioner completed his B.Ed. training in the year 1990. In the year 1991 the Managing Committee of the School was reconstituted and number of disputes cropped up assailing the reconstitution before this Court, i.e., OJC No. 91 of 1991 and other writ applications. The petitioner, it is submitted, unfortunately became the victim of the inter se fight between the two powerful groups and was prevented from discharging his duties. Being aggrieved by the said action, the petitioner filed an appeal before the Director, Secondary Education and as the appeal was not disposed of in time, he approached this Court in OJC No. 7550 of 1994 inter alia praying to direct the Director, Secondary Education to decide the appeal preferred by the petitioner assailing the inaction of the Managing Committee. The said writ application was disposed of on 19th December, 1994 directing the appellate authority, i.e., Director, Secondary Education, to dispose of the appeal filed by the petitioner within a period of three months.

(3.) WHILE the matter stood thus, the petitioner came to know that the order passed by the Director was assailed before the State Education Tribunal by opposite party no.6 in Appeal No. 3 of 1997 and the Tribunal was pleased to stay operation of the order of the Director. On coming to know about the said fact, the petitioner appeared before the Tribunal and raised a preliminary objection, with regard to maintainability of the said case. The Tribunal, however, without deciding the question of maintainability, disposed of the appeal and remitted the dispute to the Director, Secondary Education for de novo disposal after giving reasonable opportunity to opposite party no.6 (who was appellant before the Tribunal) to put -forth his grievances. The said order, as stated earlier, is assailed before this Court mainly on the ground that the appeal filed by opposite party no.6 under Section 10 -A of the Orissa Education Act, 1969 was not maintainable and as such, the Tribunal acted illegally and with material irregularity in entertaining and disposing of the same on merits by remitting the dispute to the Director, Secondary Education for de novo disposal.