Niranjan Panda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC) No.4498 of 2016 Sri Niranjan Panda ....

Petitioner Mr. Mrutyunjaya Bisoi, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. Sonak Mishra, SC for S&ME Deptt.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

24.02.2022 01.

1.

This matter is taken up through Hybrid Arrangement Order No.

(Virtual/Physical Mode).

2.

Heard learned counsel for the Petitioner and learned counsel for the State.

3.

The present application has been filed by the Petitioner seeking regularization of the services of the Petitioner as a Primary School Teacher from the date of his joining to the said posts like identically/similarly placed N.F.E. Instructors/Supervisors as per the rules/resolutions/guidelines/orders/directions/circulars of the Govt. keeping in view his engagement as a N.F.E. Instruction on 10.06.1989 along with all consequential benefits. 4.

Learned Standing Counsel for School and Mass Education Department submits that the Petitioner is not entitled to the claim as a contractual employee, thereafter he was regularized in the year 2007, therefore no vested right has been accrued in favour of the Petitioner claiming for regularization.

5.

Learned counsel for the Petitioner submits that he wants to file a fresh representation before the Director of Elementary

// 2 // Education, Govt. of Odisha, Opposite Party No.2 and prays for direction to the Opposite Party No.2 to consider such representation of the Petitioner within a stipulated period of time. 6.

Considering the submissions made and keeping in view the fact that the matter is of the year 2016, this Court feels it proper to direct the Petitioner to file a fresh representation taking all the grounds available to him in law before the Opposite Party No.2. In such event, Opposite Party No.2 shall consider and dispose of the said representation of the Petitioner in accordance with law within a period of four weeks from the date of presentation of the representation along with certified copy of this order by passing a speaking and reasoned order. Decision so taken shall be communicated to the Petitioner within a period of ten days thereafter.

7.

It is made clear that this Court has not expressed any opinion on the merits of the case.

8.

With the above direction, the writ petition stands disposed of.

9.

Urgent certified copy of this order be granted on proper application.

(A.K. Mohapatra) Judge U.K.Sahoo