Umakanta Mishra v. State.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.20829 of 2010 Sri Umakanta Mishra ....

Petitioner Mr. Shakti Sekhar, Advocate on behalf Of Mr.S.K. Samal, Advocate

Versus

1.State of Odisha 2.Director of Secondary Education, Orissa, Bhubaneswar

3. Inspector of Schools Cuttack Circle, Cuttack ....

Opp. Parties Mr. S.N. Mohapatra, SC(S&ME)

CORAM:

JUSTICE SAVITRI RATHO

ORDER

02.08.2022 03.

This matter is taken up by hybrid mode.

Order No.

2. This writ application has been filed by the petitioner challenging Annexure-12, which is the gradation list of Trained Graduate Teachers of Aided High Schools with further prayer to disburse Headmaster scale of pay in favour of the petitioner and not to revert the petitioner from the post of Headmaster which may alter the decision of the Managing Committee.

3. Mr. Shakti Sekhar, learned counsel on behalf of Mr. S.K. Samal, learned counsel for the petitioner submits that they have no instruction in the matter and files a memo to that effect and also prays that if any cause of action still survives, the petitioner is at liberty to file a fresh writ application. The said memo be kept on record.

4. Vide order dated 06.01.2011, this Court had directed that as an interim measure, status quo as on today in respect of the posting of the petitioner shall be maintained till the next date. Thereafter the

// 2 // matter has not been listed. In the meanwhile, the petitioner, who is aged about 49 years at the time of filing of the writ application, has attained the age of superannuation. Therefore, no useful purpose will be served by keeping this application pending.

6. The writ petition is accordingly disposed of granting liberty to the petitioner to approach Court, if any cause of action still survives. Urgent certified copy of this order be granted as per rules. .........................

Savitri Ratho Judge puspa