Sasmita Mishra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C)No. 5179 of 2022 Sasmita Mishra ....

Petitioner Mr. Santosh Kumar Swain,.Adv.

-versusState of Odisha & Ors.

....

Opposite Parties Mr. Biplaba Mohanty, SC (for S & ME Deptt.)

CORAM:

DR. JUSTICE S.K. PANIGRAHI Order No.

ORDER

15.09.2022 08.

1. This matter is taken up through hybrid arrangement.

2. Heard.

3. The petitioner has preferred this Writ Petition seeking release of her salary from December, 2019 till date. Further, she prays for leave of this court to allow her to affix her signature in the attendance register, as indicated in her representation dated 31.03.2021 and 16.06.2021 vide Annexure-6 series. The said representations have been rejected by the Opposite Party No.3. The petitioner assails the said rejection order and prays for quashment of Office Order dated 2848 dated 30.11.2021, entailing in her favour the consequential benefits.

4. Learned counsel for the petitioner submits that the petitioner while working as Headmaster in charge of the

// 2 // R.C. High School, Sujanpur, was suspended vide order dated 09.08.2019 basing on an enquiry report. However, she was reinstated in her service and posted as Level-V, Assistant Teacher(ex-cadre) in RC High School, Sujanpur vide order dated 13.12.2019 passed by the Block Education Officer. The petitioner remained on leave on medical ground from 07.02.2020 to 26.03.2020, whereafter she submitted her joining report before the Headmaster of R.C. High School, Sujanpur on 27.03.2020. The joining report was submitted via a What's app message owing to the restrictions/lock-down imposed by the State Government on account of COVID-19.

5. Learned counsel for the State submits that the petitioner submitted her joining report on 27.03.2020 to the Headmaster, Rudra Charan Government High School, Sujanpur through WhatsApp which is not acceptable mode of communication. He further submits that the petitioner should have submitted her joining report physically.

6. Considering the above facts and submissions of both the parties, this court directs the petitioner to appear before the District Education Officer, Jajpur on 30.09.2022 and submit her joining report along with the copy of this order. The said authority shall allow the present petitioner to put signature in the attendance register and

// 3 // allow her to discharge her duties. With regard to the salary of the petitioner during the suspension period the DEO, Jajpur shall consider in accordance with law.

7. With the aforesaid observations, this Writ Petition is disposed of and the order dated 30.11.2021 is hereby quashed.

(Dr. S.K. Panigrahi) Judge SD