Pitambar Mania v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.C. (OA) No.1964 of 2014 Sri Pitambar Mania ....

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

Opposite Parties Mr. R.C. Pattnaik, Standing Counsel for School and Mass Education

CORAM:

JUSTICE M.S. RAMAN Order No.

ORDER

29.03.2022 01.

1.

This matter is taken up through virtual/physical mode. 2.

The Original Application No. 1964(C) of 2014 was filed before the Odisha Administrative Tribunal, Bhubaneswar. After its abolition, the same has been transferred to this Court which is renumbered as WPC (OA) No. 1964 of 2014.

3.

Vide order dated 11th September, on consideration of challenge being made to the order of transfer vide Annexure-1, the learned Administrative Tribunal has passed the following order:- "Learned counsel for the applicant submits that vide order at Annexure-1 the applicant has been transferred from Bandarguda Primary School of Lamtaput Block to Banguripada Primary School of the same Block. Learned counsel further submits that this order has been passed in violation of Govt. guidelines at Annexure-3,4 and 5. Learned standing counsel, S& M.E. is directed to obtain instruction in the matter within a period of 15 days. Till then order of transfer at Annexure-1 in respect of the applicant may not be given effect."

Till date no counter has been filed.

// 2 // 4.

None appears for the Petitioner at the time of calls, however Mr. R.C. Pattnaik, learned Standing Counsel for the School and Mass Education submitted that in the year 2014 when the case was filed, the Petitioner has disclosed his age as 54 years and by efflux of time by now either he would have been retired on superannuation or at the verge of retirement. Hence, he submitted that the matter has become infructuous.

5.

In view of such submission of learned Standing Counsel, the writ petition is dismissed as infructuous, however liberty is granted to the Petitioner to revive the petition within a period of 90 days, if any cause of action still subsists. (M.S. Raman) Judge Laxmikant