PRAMILA ROUT STATE OF Vs. STATE

JUDGEMENT

(1.) THESE appeals are directed against the order dated order dated 24.2.2012 passed by the State Education Tribunal, Bhubaneswar in G.I.A. Case Nos. 501 and 503 of 2011, on the ground that instead of adjudicating the matter, the learned Tribunal has remitted the matter back to the appellate authority for consideration of the grant -in -aid matter fixing the time limit in the impugned order, which is without jurisdiction.

(2.) THE short fact of the case in hand is that one G.C. Rout (husband of the appellant) was duly appointed against the 2nd post of Lecturer in Sociology by the Governing Body of S.S.B. College, Mahakalpada, district Kendrapara on 20.11.1985 and he joined on 25.11.1985. The Governing Body of the college also appointed respondent no.4 against the 2nd post of Lecturer in Sociology, on which she joined on 25.11.1985, the date of joining of G.C. Rout (husband of the appellant). The respondent no.1 vide letter dated 29.1.1999 (Anexure -5) allowed G.C. Rout (husband of the appellant) to receive GIA against the 2nd post of Lecturer in Sociology and rejected the claim of the respondent no.4 against the same. The said order was challenged by respondent no.4 in O.J.C. No. 2896 of 1999 to quash the order under letter dated 29.1.1999 (Anexure -5) passed by respondent No.1 and to approve her appointment w.e.f. 25.11.1985 as against the 2nd post of Lecturer in Sociology and to release the salary component accordingly which was contested by G.C. Rout (husband of the appellant). The name of G.C. Rout (husband of the appellant) was validated from 1.6.1987 vide order dated 9.1.2001 (Annexure -6) passed by the respondent no.1. The said order was challenged by respondent no.4 in O.J.C. No. 9190 of 2001 for quashing the impugned order dated 9.1.2001 (Annexure -6) passed by the respondent no.1 and to direct the respondents to validate her service as against the 2nd post of Lecturer in Sociology. Pursuant to the letter dated 9.2.2001 (Annexure -7) addressed by respondent no.1 to the Director (respondent no.2) cancelled the order of regularizing G.C. Rout (husband of the appellant) under Validation Act. The said order was assailed by G.C. Rout (husband of the appellant) in O.J.C. No. 3019 of 2001 which was disposed of on 19.4.2001 setting aside the impugned order dated 9.2.2001 reviving the order of approval dated 9.1.2001 which fact was intimated to respondent no.3 on 20.8.2001. Respondent no.1 vide letter dated 20.7.2005 (Annexure -9) approved the post of the G.C. Rout (husband of the appellant) for payment of GIA. On 24.7.2008 G.C. Rout (husband of the appellant) suddenly expired. The Hon'ble Court transferred the two writ petitions, OJC Nos. 2896/1999 and 9190/2001 to the Tribunal on the ground that the matters relate to GIA as per section 24(b) of the Orissa Education Act. The said writ petitions are renumbered as GIA Case Nos. 501 and 503 of 2011. The Tribunal disposed of the said GIA Cases directing respondent no.1 to enquire into the claim of G.C. Rout (husband of the appellant) and respondent no.4 within a period of three months from the date of receipt of order and dispose of the same in - 3 - accordance with law by passing a speaking order after giving opportunity of hearing to the parties. The case of the appellant is that she was neither noticed nor any of her legal heirs were substituted. The order passed by the Tribunal is under challenge whereas separate writ the order of the respondent no.1 is under challenge in writ petition.

(3.) THE learned Presiding Officer, State Educational Tribunal was not satisfied with the materials available on record. The papers relating to the recruitment process are not available in the Institution and are missing for which, in the interest of justice, in the interest of justice, referred the matter vide the impugned judgment to the respondent -state government to decide the claim adhering the principle of natural justice.