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Orissa High CourtWPC(OA)/1561/2015disposed off

Devraj Kothia v. State Of Odisha

2022-06-21Mr. Justice M.S.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OA) No.1561 of 2015 Devraj Kothia ....

Petitioner Mr. Samir Ranjan Patra, Advocate -versusState of Odisha & others ....

Opp.parties Mr.Sasanka Sekhar Patra, ASC for O.P.Nos.1 to 4

CORAM:

JUSTICE M.S.SAHOO Order No.

ORDER

21.06.2022

01. 1. This matter is taken up through hybrid mode.

2. The writ petition has been renumbered and registered before this Court on 21.08.2021 after being transferred, upon abolition of the learned Odisha Administrative Tribunal, Bhubaneswar.

3. On perusal of the available order-sheets of the learned Tribunal, it is indicated that notices were issued on 19.06.2015 and the matter was never taken up/pursued after 19.01.2016.

4. The Original Application was filed in the year 2015 by the petitioner, who was then aged about 59 years working as Foreman under Executive Engineer, P.H.

Division, Berhampur (Ganjam) apprehending that the petitioner shall be reverted to a lower post.

5. It is fairly submitted by the learned counsel for the petitioner that the petitioner has retired from Government Service on attaining the age of superannuation in the year 2016 rendering the petition infructuous and he has no upto-date instruction to pursue the matter at present.

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6. Learned Additional Standing Counsel submits that the petitioner had retired in the year 2016 and his apprehension of reversion does not survive anymore and the writ petition has become infructuous.

7. Having heard the learned counsel for the parties, the writ petition is disposed of for lack of up-to-date instruction from the petitioner to pursue the same at present granting liberty to revive the same within sixty days for any surviving cause of action.

( M.S.Sahoo) Judge Gs