Rabindra Kumar Mishra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC) No.3664 of 2015 Rabindra Kumar Mishra ....

Petitioner Mr. Shashi Bhusan Jena along with Mr. S. Behera, Advocate -versusState of Odisha & others ....

Opp.parties Mr.P.K.Panda, Standing Counsel for the School and Mass Education Department for O.P.Nos.1 & 2 For O.P.No.3- None

CORAM:

JUSTICE M.S.SAHOO

ORDER

13.07.2022 Order No.

1. 1. This matter is taken up through hybrid mode.

2. The writ petition has been registered before this Court on 20.12.2021, after the Original Application was transferred from the learned Odisha Administrative Tribunal, Cuttack Bench, Cuttack upon its abolition.

3. On perusal of the available order-sheets of the learned Tribunal, it is indicated that notices were issued by the learned Tribunal on 05.10.2015, the matter was never taken up/pursued thereafter nor there is any further pleadings by any of the parties.

4. The Original Application was filed in the year 2015 challenging the Office Order no.7920 dated 21.08.2015 promoting the opposite party no.3 as Junior Offset Machine Minder.

5. Learned counsel for the petitioner submits that he has no upto-date instruction to pursue the matter on behalf of the petitioner at present.

6. Learned Standing Counsel for the School and Mass Education Department referring to the averments made in the writ petition submits that considering the nature of grievance, i.e., order of promotion passed in the year 2015, nothing would survive at present for adjudication before this Court, more so, as the

// 2 // petitioner would have retired on attaining age of superannuation in the year about 2018.

7. Having heard learned counsel for the parties, the writ petition is disposed of for lack of instructions from the petitioner to pursue the matter granting liberty to revive the petition within sixty days for any surviving cause of action. ( M.S.Sahoo) Judge Gs