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Orissa High CourtWPC(OA)/2612/2014dismissed for defaultnonprosecution

Bhaskar Mohanty v. State Of Odisha

2022-06-20Mr. Justice M.S.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OA) No. 2612 of 2014 Baskar Mohanty ....

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

Opp. Parties Mr. M.K. Balabantaray, Standing Counsel

CORAM:

JUSTICE M.S. SAHOO Order No.

ORDER

20.06.2022 02.

1.

This matter is taken up through Hybrid mode.

2.

None appears for the petitioner, when the matter is called. When the matter was taken up on 22.04.2022, none had appeared for the petitioner and considering the averments made in the writ petition as well as the submissions of the learned counsel for the State, the following order was passed:- "2. The writ petition has been renumbered and registered before this Court on 16.08.2021 after being transferred, upon abolition of Odisha Administrative Tribunal, Bhubaneswar.

3. On perusal of the available order-sheets of the learned Tribunal, it is indicated that the matter was never taken up/pursued after 01.11.2017.

4. The original application was filed in the year 2014 by the petitioner (without mentioning his age in the original application either in the verification or in the cause title), while working as Junior Grade Typist-cum-Junior Grade Despatcher in the office of the Divisional Forest Officer, Khariar Kendu leaf Division, Khariar (opposite party no.4) for getting step up pay/revised scale of pay as per the Rules, 2006.

// 2 // The further prayer made in the original application is for regularization of the promotion of the petitioner.

5. Learned Addl. Standing Counsel, referring to the averments made in the original application as well as the counter affidavit, submits that the petitioner was engaged fro total 833 days in 12 different steps starting from 17.06.1986 up to 30.11.1988 and, therefore, he is not entitled for relief as prayed for and it is further submitted that after a long lapse of time, nothing would survive for adjudication.

6. Having heard learned Addl. Standing Counsel, to grant another opportunity to the petitioner, list on 20.06.2022.

3.

Learned Standing Counsel reiterates the submissions on behalf of the State as noted in the order dated 22.04.2022.

4.

Having heard learned Standing Counsel for the State, the writ petition is dismissed for non-prosecution granting liberty to revive the same within sixty days. RJ (M.S. Sahoo) Judge