Orissa High CourtWPC(OAC)/919/2015infructuous

Jogesh Chandra Mohapatra v. State Of Odisha

2022-06-22Mr. Justice M.S.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC) No.919 of 2015 Jogesh Chandra Mohapatra ....

Petitioner Mr. Abinash Swain along with Mr. Abhiram Swain, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. P.K.Panda, SC, S & ME Department

CORAM:

JUSTICE M.S.SAHOO Order No.

ORDER

22.06.2022

2. 1. This matter is taken up by hybrid mode.

2. The writ petition has been registered before this Court on 16.12.2021 after the Original Application was transferred upon abolition of the learned Odisha Administrative Tribunal, Cuttack Bench, Cuttack.

3. On perusal of the available order sheets of the learned Tribunal it is indicated that notices were issued on 12.03.2015 and the matter was never taken up/pursued thereafter.

4. O.A. was filed by as many as 19 applicants while they were working as Headmasters of different upgraded M.E. Schools and upgraded U.P. Schools in the district of Kandhamal, Malkangiri, Koraput and Nabarangpur in levelIII seeking direction for promotion to Level-II.

5. It is submitted by the learned counsel for the petitioner that he has no up-to-date instruction to pursue the matter at present on behalf of the petitioner.

6. Learned Standing Counsel for the School and Mass Education Department referring to the counter filed by the

District Education Officer, Kandhamal, Phulbani dated 28.11.2015, submits that the order that was passed by which the petitioners are stated to be aggrieved, was for implementation of the order of the Hon'ble High Court dated 23.12.2011 passed in W.P.(C) No.14974 of 2010 and batch of writ petitions.

7. It is, therefore, submitted that unless the said order passed by this Court is challenged by the affected parties, no further grievance can be raised.

8. Having heard learned counsel for the parties, the writ petition is disposed of for lack of up-to-date instruction from the petitioner to pursue the matter at present granting liberty to revive the same within sixty days for any surviving cause of action.

(M.S.Sahoo) dutta Judge