DEBAJYOTI MISRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) PETITIONER a lecturer in Electronics Engineering in Utkalmani Gapabahdhu Institute of Engineering, Rourkela (in short 'UGIB) has filed this writ application for issuing a direction to the opposite parties 1 to 3 to pass necessary order for granting study leave to the petitioner for undertaking his Master Degree Course in Electrical Engineering during the session 1997 -98. In that respect, grievance of the petitioner is that though as a sponsored candidate (i.e. a candidate sponsored by the employer) he stood first for getting admission, yet the opposite party No.3 wilfully and purposefully avoided to grant the study leave. His further contention is that in the meantime, he took admission furnishing an undertaking to obtain the leave of the employer. petitioner, therefore, filed original application No.1784 of 1997 in Orissa Administrative Tribunal and learned Administrative Member of the Tribunal On 21.8.1997 disposed of that application as it appears without hearing the State or opposite party No.3, but directing the opposite party No.1 to examine the representations and to communicate the decision to the Petitioner regarding sanction of study leave within one week from the date of receipt of copy of that order. Petitioners alleges that notwithstanding that order of the Tribunal no order was passed by the opposite party members 1 and 3 relating to grant of study leave and because of that situation admission taken by him would be terminated and accordingly he prayed for interference of this Court by invoking the writ jurisdiction. Petitioner stated that direction to the opposite party No.2 to not to re -admit him being not within the competency of the Orissa Administrative Tribunal, therefore, he has preferred this writ application.

(2.) NOWHERE petitioner states as to on which date he communicated a copy of the order of the Administrative Tribunal by serving the same on the opposite party members 1 and 3.

(3.) OPPOSITE parties 1 to 3 filed counter affidavit on 31.10.1997. In that counter affidavit the deponent, a Senior Lecturer of UGIE has stated that petitioner being the junior most lecturer in the cadre having joined in service on 1.6.1992 and his position in the gradation list being in serial No.28 therefore he was not preferred to be granted with study leave when senior lecturers were applicants and their applications had been forwarded. It is further stated in the counter affidavit that in exigencies of service and not to affect the teaching facilities to the students petitioners application for study leave was rejected. That fact has also been admitted by the petitioner in a rejoinder filed later on but he has challenged to the bona fide of that action of the concerned authorities.