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Judgment
Dr. S. Muralidhar, CJ
The challenge in the present case is to an order dated 29th January, 2019 passed by the State Education Tribunal (SET), Odisha in GIA Case No.99 of 2012.
The Appellant, who had been working as a Demonstrator in Geology in Khemundi College at Digapahandi, Ganjam District, filed GIA Case No.99 of 2012 in the SET for a direction to the respective Opposite Parties to accord approval to his promotion to the post of Lecturer in Geology.
Despite pleadings having been completed before the SET, in the impugned order, there is absolutely no discussion whatsoever of the respective contentions of the parties. The impugned order is a cryptic one in exactly four paragraphs of which the entire reasoning is contained in just one paragraph, which reads as under:
“From the record it appears, the Governing Body of the College has promoted the applicant from the post of Demonstrator to the post of Lecturer without following the proper procedure under Rule 8(2)(b) of the Odisha Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974. Therefore, the promotion of the applicant was not considered by the O.P. Nos.1 and 2. This Tribunal also does not find any illegality committed by the O.P. Nos.1 and 2.”
It would be no exaggeration to say that the impugned order is a non-reasoned one and on that short ground, the said order is unsustainable in law.
The impugned order is accordingly set aside. GIA Case No.99 of 2012 is remanded to the file of the SET where it will be listed on 29th August, 2023. The Appellant will appear before the SET on that date through counsel as well as the counsel for the State. The SET will proceed after ensuring service of notice upon the College in question.
Since this is a fairly old matter, with the Appellant already having superannuated, the SET is requested to expedite the hearing of the application and deliver its verdict within a period of three months thereafter.
The appeal is disposed of in the above terms. A copy of this order be sent to the SET forthwith for compliance.
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