Prashanta Kumar Mohapatra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OA) No. 2941 of 2015 Prashanta Kumar Mohapatra ....

Petitioner Mr. J.R. Kar on behalf of Mr. K.N.

Das, Advocate -versusState of Odisha & Another ....

Opp. Parties Mr. L. Samantaray, AGA

CORAM:

JUSTICE M.S. SAHOO Order No.

ORDER

22.12.2022 Hybrid Mode 02.

RJ 1.

When the matter was last taken up on 05.07.2022, none had appeared for the petitioner and considering the matter in some detail, the following order was passed:- "1. This matter is taken up through hybrid mode.

2. None appears for the petitioners when the matter is called.

3. The writ petition has been registered before this Court on 28.08.2021 after the Original Application was transferred upon abolition of the learned Odisha Administrative Tribunal, Bhubaneswar.

4. On perusal of the available order-sheets of the learned Tribunal it is indicated that notices were issued on 09.11.2015 and the matter was never taken up/pursued thereafter nor there is any further pleadings by any of the parties.

5. The O.A. was filed before the learned Tribunal by the applicants being 56 and 43 years of age respectively in the year 2015, inter alia praying for a direction to give them promotion to the post of senior pharmacists.

6. It is submitted by learned Standing Counsel that considering the nature of grievance raised in the writ petition, i.e, prayer for getting promotion, nothing would survive after seven

// 2 // years and in view of lack of instructions from the petitioners.

7. Having learned Standing Counsel, to grant another opportunity to the petitioners, list on 28.07.2022."

2.

Today, when the matter is taken up, a submission is made on behalf of the learned counsel for the petitioner that he has no up-to-date instruction to pursue the matter at present. To that effect, he files a memo. The same is taken on record.

3.

Learned Addl.

Govt.

Advocate reiterates the submissions on behalf of the opposite party-State as noted in the order dated 05.07.2022.

Having heard learned counsel for the parties, 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