SUBASH CHANDRA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE applicant, who was said to be working as Section Teacher (Class IX) in Indramani Uchha Bidyapitha in the district of Bhadrak, had filed this O.A. with a prayer to quash the order dated 21.11.1998 (Annexure -6), whereby pursuant to the order dated 12.1.1998 of the Hon'ble High Court in OJC 14864/1996 the prayer of the applicant as claimed in the said writ petition was considered and rejected and for a direction to the respondents to sanction the Additional Section in Class IX of Indramani Uchha Bidyapitha at Bisigadia in the district of Bhadrak and to give approval to the service of the applicant as section Teacher with effect from 7.6.1994 with all the consequential service and financial benefits to the applicant.

(2.) HEARD Mr. M.K. Mohanty, learned counsel for the applicant and Mr. B.P. Tripathy, learned Standing Counsel, S and M.E.

(3.) THE applicant has filed M.P.96(c)/2008 under Section 21 (3) of the Administrative Tribunals Act with a prayer to condone the delay in filing the Original Application. It is stated in that petition that the applicant had filed OJC 8309/1999 challenging the order dated 21.11.1998 (Annexure -6) passed by the Inspector of Schools. Vide order dated 6.11.2007 the Hon'ble Court directed the applicant to approach the State Education Tribunal. Therefore the applicant filed Misc. Case No. 866/2007 for modification of the order dated 6.11.2007 and the Hon'ble Court vide order dated 3.1.2008 directed the applicant to withdraw the writ petition and approach the Orissa Administrative Tribunal. It has also bee observed by the Hon'ble High Court that if the applicant files Original Application before the Orissa State Administrative Tribunal within a period of 2 weeks together with application under Section 5 read with Section 14 of the Limitation Act, then such application for condonation of delay be considered liberally and thereafter the O.A. be considered in accordance with law. Thereafter the applicant filed application for certified copy of the order and that was given to the applicant on 25.1.2008. After receiving the order, the Advocate for the applicant intimated the applicant for filing of the O.A. and receiving the message, the applicant came and filed this O.A. on 12.2.2008.