JAYANTA KUMAR BISWAS,J. - (1.) THE applicant in an OA No. 189/AN/2008 is the petitioner in this WPCT under art.226 dated August 30, 2012. This WPCT has been filed against an order of the Central Administrative Tribunal, Calcutta Bench(Circuit at Port Blair) dated December 15, 2011 (WPCT P.77) dismissing the petitioner 's OA.
(2.) THE relevant parts of the order of the Tribunal dated December 15, 2011 are quoted below: - "By this OA the applicant is seeking antedating of his services as GTT from the date of initial appointment as PST on 12.11.1980 and to extend to him the benefit of the judgment of the Tribunal referred to in the relief clause. This includes the judgment in OA 104/AN/2008 (A.S. Rasu and Two Others -vs -Union of India and Ors.). The pleadings on record show that the applicant was initially appointed as Primary School Teacher(PST) on ad -hoc basis vide order dated 12.11.1980 and thereafter his service was regularized; but the order regularizing his service is not brought on record. He was appointed as GTT on ad -hoc basis vide order dated 15.10.1984. His services as GTT was regularized vide order dated 31.5.1985. 2. The matter relating to regularization of services of Teacher in view of the decision of the Tribunal in those cases and the order issued by the A&N Administration in case of A.S. Rasu and Others have been considered by this Tribunal in OA31/AN/2010 and other OAs. We adopt the reasoning of those OAs and dismiss this OA. " In our view the Tribunal ought not to have decided the OA in the cryptic manner as is evident from its order dated December 15, 2011. It is not known what orders were passed by the Tribunal in OA No. 31/AN/2010 and other OAs whose numbers were not mentioned in the order. The Tribunal was under an obligation to decided the OA on merits, and in the process it could refer to and rely on the decisions given by it in other OAs.
(3.) WE are of the opinion that the Tribunal should be directed to hear and decide the OA afresh.;