GAYASUDDIN KHAN Vs. STATE OF ODISHA AND OTHERS

JUDGEMENT

(1.) This writ petition is under Articles 226 and 227 of the Constitution of India filed by the petitioner wherein the order dated 10.8.2011 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A.No.899(C) of 2010 is under challenge whereby and where under the grievance of the petitioner regarding approval of his appointment as Craft Teacher in Dasarathpur High School and to release his salary from the date of his appointment i.e.16.8.1984 has been rejected.

(2.) Brief facts of the case of the petitioner is that Dasarathpur High School where he was working became an aided educational institution since 1983 and thereafter he was appointed as a Craft Teacher by the Managing Committee vide order dated 16.8.1984, joined the post on the very same date. Service of the petitioner as Craft Teacher having not been approved, he approached this Court in W.P.(C) No.1581 of 2003, this Court while disposing of the writ petition vide order dated 19.2.2010 given liberty to the petitioner to approach the State administrative Tribunal if so advised, in pursuance thereof the petitioner has filed O.A.No. 899(C) of 2010 for ventilating his grievance but the Tribunal has dismissed the original application which is the subject of the instant writ petition.

(3.) Learned counsel for the petitioner challenged the said order on the ground that there is a post of Craft Teacher which is sanctioned post but even thereafter his service has not been approved in the said post, this point has been urged before the Tribunal, the Tribunal, without appreciating the material fact, has dismissed the original application without any application of mind.