Srikanta Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OA) No. 2502 of 2015 Srikanta Nayak ....

Petitioner None -versusState of Odisha & Others ....

Opp. Parties Mr. L. Samantaray, AGA for O.P.1 None for O.P. Nos.2 to 4

CORAM:

JUSTICE M.S. SAHOO Order No.

ORDER

23.12.2022 Hybrid Mode 02.

RJ 1.

None appears for the petitioner when the matter is called. When the matter was last taken up on 30.06.2022, none had appeared for the petitioner and after hearing the learned counsel for the State and considering the matter in some detail, the following order was passed:- "1. This matter is taken up through hybrid mode. 2.

The writ petition has been registered before this Court on 26th August, 2021, after the original application was transferred from the learned Odisha Administrative Tribunal, Principal Bench, Bhubaneswar upon its abolition.

3.

On perusal of the available order sheets of the learned Tribunal, it is indicated that notices were issued on 05.10.2015 and the matter was never taken up/pursued after 03.11.2016.

4.

None appears for the petitioner, when the matter is called.

5.

The O.A. was filed in the year 2015 by the petitioner while working as Junior Grade Diarist, office of the Registrar Cooperative Societies, Odisha, Bhubaneswar, inter alia challenging the rejection of his objection to the gradation list of Sr. Grade Typist in the establishment of the Registrar of Cooperative Societies (opposite party no.2). 6.

Learned ASC referring to the averments made in thew writ petition as well as the annexures

// 2 // submits that considering the nature of grievance that was raised i.e. challenge to a gradation list of the year 2014, nothing would survive for adjudication after eight years.

7.

It is further submitted that for adjudication of the matter the present status of the petitioner as well as private opposite parties with respect to their promotion to the higher post has also to be considered.

8.

Having heard learned ASC, to grant another opportunity to the petitioner, list on 16th August, 2022."

2.

Learned Addl.

Govt.

Advocate reiterates his submissions on behalf of the opposite party-State as noted in the order dated 30.06.2022.

Having heard learned Addl. Govt. Advocate, the writ petition is disposed of granting liberty to the petitioner to revive the same within sixty days for any surviving cause of action.

(M.S. Sahoo) Judge