JAGABANDHU PRADHAN Vs. STATE OF ORISSA AND OTHERS

JUDGEMENT

(1.) The State Education Tribunal, Orissa, by its judgment dated 27-3-1997 in Appeal Case No. 18 of 1996 directed Jagabandhu Pradhan to be reinstated in his former post of Head Pandit of Prabhakar Sanskrit Bidyalaya with all financial benefits, Jagabandhu Pradhan has filed O.J.C. No. 6641 of 1997 praying for a writ of mandamus to the Managing Committee of the aforesaid Bidyalaya to implement the order and direction of the Education Tribunal. The Managing Committee of the School has filed O.J.C. No. 9883 of 1997 questioning the validity of the aforesaid judgment of the Tribunal. Both the cases being analogous were heard together and are disposed of by this judgment.

(2.) Facts : Prabhakar Sanskrit Bidyalaya at Chandra-sekharpu in the district of Jaipur is a Sanskrit institution which imparts education up to Madhyama level. The petitioner Jagabandhu Pradhan was appointed as Head Pandit of the aforesaid Sanskrit Tol on 1-3-1993. The Managing Committee terminated his service by resolution dated 25-6-1995. Being felt aggrieved by such order of termination, he filed appeal under sub-section (3) of Sec. 10-A of the Orissa Education Act, 1969 (hereinafter referred to as 'the Act') before the State Education Tribunal which, as already indicated, by its judgment dated 27-3-1997 directed his reinstatement after setting aside the order of termination.

(3.) Shri Dash, learned counsel appearing for the management (which is the petitioner in O.J.C. No. 9883 of 1999) submitted that the judgment of the Education Tribunal is vulnerable on the following grounds :