IMPORTANT POINTS
An authority would be competent to decide the matter which was filed when he had jurisdiction.
Necessary party and proper party.

JUDGMENT :

L. Nageswara Rao, J.

Leave granted.

The controversy in this case pertains to the competing claim of the Appellant and Respondent No.4 to the 1st post of Lecturer, English in Indira Gandhi (Junior) Mahavidyalaya, Nimapara in Odisha. The decision by the State Education Tribunal, Odisha, in favour of the Appellant was reversed by the High Court. Hence, the Appeal.

       (I)

1. 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”). On 24th November, 1991, the Appellant was elevated to the 1st post of Lecturer in English due to the resignation of Chaudhury Ramakanta Dash. Respondent No.4 was appointed against the 2nd post which was held by the Appellant prior to her being appointed to the 1st post of Lecturer. The services of the Appellant were terminated on 29th July, 2001 by the Special Officer of the College. Thereafter, Respondent No.4 was appointed to the 1st post of Lecturer in English on 14th October, 2001. On 3rd August, 2002, the Appellant filed an appeal challenging the order of termination of her service. The College was admitted to grant-in-aid w.e.f. 1st January, 2004. By a letter dated 7th July, 2005, the Appellant requested the Director, Higher Education to expedite the hearing of her Appeal dated 3rd August, 2002. The Director, Higher Education vide order dated 21st February, 2006 allowed the appeal and set aside the order dated 29th July, 2001 by which the Appellant’s services were terminated. The Appellant was reinstated as Lecturer in English in the 1st post on 28th February, 2006.

2. 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. 1st January, 2004. The State Education Tribunal by its judgment dated 3rd December, 2008 allowed GIA Case No.120 of 2006 by granting the relief prayed for. Aggrieved by the non-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 Tribunal in GIA Case No. 120 of 2006 within a period of six months.

3. Respondent No.4 filed GIA Case No. 36 of 2010 in the State Education Tribunal seeking approval of his appointment in the 1st post of Lecturer in English in the College. 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. It is relevant to note 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 Tribunal dismissed GIA Case No. 36 of 2010 filed by Respondent No.4. Respondent No.4 challenged the judgment of the State Education Tribunal in the High Court. The High Court allowed the appeal filed by Respondent No.4. Respondent No.4 was declared to be entitled to receive the grant-in-aid against the 1st post of Lecturer in English.

(II)

4. 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. It was further held that the Appellant was entitled for release of grant-in-aid in respect of the 1st post of Lecturer in English as a natural consequence of the order of termination of her services being set aside. 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 Tribun