DINABANDHU SARANGI Vs. STATE OF ORISSA

JUDGEMENT

(1.) BY means of this writ petition the petitioner has challenged the impugned orders passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack dated 7.11.1998 in O.A.No. 609 of 1994 and dated 19.10.2001 in O.A.No. 3158 (C) of 2001.

(2.) ORIGINAL Application No. 609 of 1994 was filed by a teacher in LSES cadre claiming that he is trained graduate and respondent Nos. 5 to 10 who entered into service much after his joining in the same education district were selected for promotion as Headmaster of UGME Schools on the ground that they acquired B.Ed. qualification before him and in pursuance of the resolution of the District Selection Committee that those respondents shall be considered for promotion alongwith other similarly placed teachers, taking into account the dates of their acquiring B.Ed. qualification which was contrary to the Government resolution dated 2.12.1991, according to which the list of Trained Graduate Teachers in LSES cadre was to be arranged Revenue district -wise and the gradation list was to be prepared on the basis of the dates of their appointment for the purpose of promotion to posts of Headmaster in Government M.E.Schools and UGME schools. He had approached the Tribunal for a direction to follow the instruction contained in Annexure -III to the Original Application and to quash the resolution of the District Selection Committee.

(3.) THE above quoted resolution has not been taken into consideration by the Tribunal while deciding Original Application No. 609 of 1994. In view of the above mentioned facts and circumstances, we quash the impugned order passed by the Tribunal without expressing any opinion on merits and remit the matter to the Tribunal for taking fresh decision on merits. For that purpose, it will be open for the learned Chairman of the Tribunal to constitute a Larger Bench i.e. more than Three Member Bench in case he desires to do so in the facts and circumstances of the case, as mentioned in the impugned order dated 7.11.1998. Needless to mention that the matter shall be decided as expeditiously as possible. The writ petition is allowed in part to the above extent. Petition allowed in part.