1st January, 2004.
The Appellant was reinstated as Lecturer in English in the 1st post on 28th February, 2006.
The High Court held that Respondent No.4 ought to have been impleaded by the Appellant in the case filed by her before the Tribunal.
As the College was admitted to grant in aid on 20 th February, 2004, the High Court held that Director, Higher Education did number have jurisdiction to entertain the appeal.
It is relevant to numbere that the appeal filed by the State Government against the order dated 3rd December, 2008 of the State Education Tribunal was rejected by the High Court.
The High Court found fault with the Appellant for filing an appeal after a delay of four years from the date of the order of termination of her service on 29 th July, 2001.
To satisfy ourselves about the companyrectness of the claim of the Appellant, we directed the companynsel appearing for the State of Odisha to produce the records pertaining to the Appeal.
The High Court reversed the order passed by the State Education Tribunal on the ground that the order passed in favour of the Appellant by the State Education Tribunal on 3rd December, 2008 was in violation of principles of natural justice and thus, void.
On 3rd August, 2002, the Appellant filed an appeal challenging the order of termination of her service.
III The High Court proceeded on the basis that the appeal preferred by the Appellant to the Director, 5 Page Higher Education was filed on 7 th July, 2005.
II 4 Page While dismissing the GIA Case No.36 of 2010 filed by Respondent No.4, the State Education Tribunal held that the Appellant is admittedly senior to Respondent No.4.
On 24th November, 1991, the Appellant was elevated to the 1 st post of Lecturer in English due to the resignation of Chaudhury Ramakanta Dash.
The companynsel for the Appellant referred to the letter dated 7th July, 2005 addressed to the Director, Higher Education which was only a reminder with a request to dispose of the appeal that was filed earlier on 3rd August, 2002.
The Appellant approached the State Education Tribunal, Odisha by filing GIA Case No.120 of 2006 under Section 24 B of the Odisha Education Act, 1969 seeking a direction to the Government of Odisha and the Director, Higher Education to approve her appointment against the 1st post of Lecturer in English in the College and to release grant in aid w.e.f.
Aggrieved by the number implementation of the directions issued by the State Education Tribunal, the Appellant filed a Writ Petition in the High Court of Odisha which was allowed by a judgment dated 25th November, 2009.
The State Government was directed to implement the judgment of the State Education 3 Page Tribunal in GIA Case No.
Thereafter, Respondent No.4 was appointed to the 1 st post of Lecturer in English on 14th October, 2001.
Hence, the Appeal.
The Director, Higher Education vide 2 Page order dated 21st February, 2006 allowed the appeal and set aside the order dated 29 th July, 2001 by which the Appellants services were terminated.
The services of the Appellant were terminated on 29 th July, 2001 by the Special Officer of the College.
36 of 2010 filed by Respondent No.4.
During the pendency of the said appeal, the State Government approved the appointment of the Appellant in the 1st post of Lecturer in English by an order dated 13th January, 2011 and released the grant in aid in favour of the Appellant.
The decision by the State Education Tribunal, Odisha, in Signature Not Verified favour of the Appellant was reversed by the High Digitally signed by SANJAY KUMAR Date 2018.08.21 172547 IST Reason Court.
Respondent No.4 was appointed against the 2nd post which was held by the Appellant prior to her being appointed to the 1 st post of Lecturer.
120 of 2006 within a period of six months.
The College was admitted to grant in aid w.e.f.
1st January, 2004.
Respondent No.4 challenged the judgment of the State Education Tribunal in the High Court.
By a letter dated 7 th July, 2005, the Appellant requested the Director, Higher Education to expedite the hearing of her Appeal dated 3 rd August, 2002.
The State Education Tribunal by its judgment dated 3rd December, 2008 allowed GIA Case No.120 of 2006 by granting the relief prayed for.
Another ground which found favour with the High Court is that the Director, Higher Education had numberjurisdiction to decide the appeal filed by the Appellant against the order of termination of her service.
Respondent No.4 was declared to be entitled to receive the grant in aid against the 1st post of Lecturer in English.
The High Court allowed the appeal filed by Respondent No.4.
36 of 2010 in the State Education Tribunal seeking approval of his appointment in the 1st post of Lecturer in English in the College.
Respondent No.4 filed GIA Case No.
1 Page I The Appellant was appointed as a Lecturer in English against the 2nd post in the Indira Gandhi Junior Mahavidyalaya, Nimapara hereinafter referred to as the College .
NAGESWARA RAO, J. Leave granted.
The companytroversy in this case pertains to the companypeting claim of the Appellant and Respondent No.4 to the 1st post of Lecturer, English in Indira Gandhi Junior Mahavidyalaya, Nimapara in Odisha.
