REBATI GOSWAMI Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant calls in question the correctness of the judgment passed by the Presiding Officer, State Education Tribunal, Bhubaneswar on 24/11/2017 in GIA Case No. 427 of 2011 on the ground that despite holding the withdrawal of approval of appointment of the appellant as invalid, the matter was remanded to the Director to cause further enquiry in the matter.

(2.) The facts of the case, in brief, is that the appellant was appointed as Watchman-cum-Sweeper (3rd peon) as per resolution of the Managing Committee of Bhanjabhumi Girls" High School, Kalma in the District of Mayurbhanj. Pursuant to such resolution and order of appointment issued by the Secretary of the Managing Committee dtd. 18/9/2006, the appellant joined in service on 25/9/2006. The School was notified as an Aided Educational Institution after coming into force of the GIA Order, 2008. Accordingly, the School authority submitted proposal before the Director for approval of appointment of the teaching and non-teaching staff of the School including the appellant. On verification of records, the Director being satisfied, approved the appointment of the appellant against the post of Watchman-cum-Sweeper vide order dtd. 25/2/2011. While the matter stood thus, a grievance petition was filed by the local people, basing on which an enquiry was conducted without giving any opportunity of hearing to the appellant. Ultimately, the order of approval was withdrawn vide order dtd. 22/10/2011 by the Director. Being aggrieved, the appellant initially approached this Court in W.P.(C) No. 28957 of 2011, which was disposed of on 16/11/2011 by passing the following order.

(3.) The State-respondents appeared before the Tribunal and filed a counter affidavit taking a specific stand that the Managing Committee had forwarded the recommendation of the appellant by manipulating documents and the District Inspector of Schools without verifying the same had approved her appointment. The basis of the allegation was that in the year 2008, the headmaster had given a status report showing the post of Sweeper as vacant. Thus, it was surprising that the headmaster recommended her case for approval showing the post to have been filled up since 25/9/2006. All these facts came to light on the basis of the enquiry conducted and therefore, the order of approval was rightly withdrawn.