Lingaraj Meher vs State Of Odisha And Others
2022 Latest Caselaw 6258 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                               W.P. (C) No. 27970 of 2022

Lingaraj Meher                         .....                                        Petitioner
                                                                     Mr. K. Swain, Advocate
                                       Vs.
State of Odisha and others             .....                                  Opposite parties
                                                            Mr. B. Mohanty, SC S&ME Deptt
              CORAM:
                  DR. JUSTICE B.R. SARANGI

                                                ORDER

02.11.2022

Order No. This matter is taken up through hybrid mode.

2. Heard Mr. K. Swain, learned counsel appearing for the petitioner and Mr. B. Mohanty, learned Standing Counsel for School & Mass Education Department.

4. The petitioner has filed this writ petition challenging the order dated 30.09.2022 passed by the State Education Tribunal in Appeal Case No. 11 of 2022 filed by the petitioner under Section 10-A of the Orissa Education Act, 1969, by which the Tribunal has observed that the petitioner cannot be treated as a terminated employee for which the jurisdiction of the tribunal cannot be invoked under Section 10-A of the Orissa Education Act.

5. Mr. K. Swain, learned counsel appearing for the petitioner contended that the petitioner submitted his resignation letter on 07.05.2022 at 1.10 P.M. but without waiting for 30 days period, the same had been accepted by the Governing Body on 09.05.2022. Thereafter he filed an application for withdrawal of such resignation letter within 30 days period, but the same was rejected. It is contended that there is no provision of resignation and as such the resignation was to be treated as one month notice as per Rule-18 of Odisha Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974 and in the event of acceptance of any resignation letter within 30 days period, that will amount to termination and as such, the tribunal has jurisdiction to entertain such

application. To substantiate such contention, he relied on the judgment of this Court in the case of Sushila Tiria v. Sambhunath Nayak passed on 04.11.1985 in Election Petition No. 2 of 1985.

6. Issue notice to the opposite parties.

7. Two extra copies of the writ petition be served on learned Standing Counsel for School & Mass Education Department appearing for opposite parties 1 to 2 who shall take instruction and file counter affidavit.

8. Requisites for issuance of notice to the opposite parties 3 and 4 by registered post with A.D. be filed within three days.

Arun                                       (DR. B.R. SARANGI, J.)