WP(C)/26965/2011
2021 Latest Caselaw 3658 Ori

                                   WP(C) No. 26965 of 2011




13.   16.03.2021           The matter is taken up through hybrid arrangement
                   (virtual/physical mode).
                           Heard    Ms.   S.   Pattnaik,    learned    counsel   for        the
                   petitioner; Mr. G.Mohanty, learned counsel appearing on
                   behalf of Mr B.P. Das, learned counsel for opposite party no.1;
                   Mr. S.Jena, learned Standing Counsel for School and Mass
                   Education Department appearing for opposite parties no.2, 3
                   and 4; and Mr. H.P. Rath, learned counsel for opposite party
                   no.5.
                           The sole contention of Ms. S.Pattnaik, learned counsel
                   for the petitioner is that the petitioner was appointed against
                   the vacancy created on account of termination of opposite
                   party no.5 and the tribunal has decided the matter without the
                   petitioner being impleaded as a party, hence the order passed
                   by the tribunal is not legal.
                           Mr. H.P. Rath, learned counsel for opposite party no.5
                   rely upon judgment of this Court in Garuda Adabar v. State
                   of Orissa, 1997 (II) OLR 521 and that of the apex Court in
                   Poonam v. State of Uttar Pradesh, (2016) 2 SCC 779
                   contending that it cannot be regarded as a binding precedent
                   for the proposition that in case of removal or dismissal or
                   termination,     a   subsequently       appointed   employee        is    a
                   necessary party. Therefore, the claim made in the writ
                   application cannot sustain in the eye of law.
                           Ms. S.Pattnaik, learned counsel for the petitioner seeks
                   time to examine the above proposition of law.
                           Call this matter next week.


                                                              ...............................

(DR. B.R. SARANGI) JUDGE GDS