LAWS(ORI)-2018-4-32

SUBHASHREE SARANGI Vs. STATE OF ODISHA AND OTHERS

Decided On April 09, 2018
Subhashree Sarangi Appellant
V/S
State of Odisha and Others Respondents

JUDGEMENT

(1.) The petitioner has challenged the order dated 18.01.2018 passed by the Presiding Officer, State Education Tribunal, Odisha, Bhubaneswar in Appeal Case No.24 of 2015 whereby and whereunder the Presiding Officer has dismissed the appeal holding it not maintainable, since the petitioner was a Guest Lecturer and she was disengaged from duty.

(2.) Learned counsel appearing for the petitioner, while assailed the said order, has submitted by referring the provision of Section-10-A(1) of the Orissa Education Act, 1969 (hereinafter referred as "OEA Act, 1969") which contains the provision that the services of a teacher [and other members of the staff] of an aided educational institution shall not be terminated without obtaining the prior approval in writing of the-

(3.) Mr. B.P. Tripathy, learned Additional Government Advocate appearing for the State-opposite parties has contested the case by submitting that there is no infirmity in the order passed by the Tribunal since the very basis of the appointment of the petitioner is in question as because she has been appointed as Guest Lecturer which itself means that she has been appointed against the transfer vacancy and as such, the Director has rightly passed an order leaving it upon the Governing Body either to let her continue or to disengage her.