Mrs. Sila Mishra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OAC) No. 2343 of 2015 Mrs. Sila Mishra ....

Petitioner Mr. Biplab P.B. Bahali along with Mr. Gayadhar Samal, Advocate -versusState of Odisha & others ....

Opp. Parties Mr. N. Jena, Standing Counsel(School & Mass Education)

CORAM:

JUSTICE M.S. SAHOO Order No.

ORDER

13.07.2022 02.

1.

This matter is taken up through hybrid mode.

RJ 2.

It is submitted by the learned counsel for the petitioner that he has no instruction to pursue the matter at present on behalf of the petitioner. On 30.06.2022, when the matter was taken up, none had appeared for the petitioner and after considering the matter in some detail as well as the submissions of the learned Standing Counsel for the School and Mass Education Department, the following order was passed:- "2. None appears for the petitioner when the matter is called. The writ petition has been registered before this Court on 21.12.2021 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 the matter was listed on 11.9.2015 and 23.12.2015 and was not taken up. Thereafter it was never listed/pursued. 4.The O.A. was filed in the year 2015 by the applicant before the learned Tribunal challenging the selection of contract teacher in the category classical teacher (Sanskrit) in the year 2014-15 after candidature of the applicant was rejected by the authority.

5. Learned Standing Counsel referring to the

// 2 // averments made in the O.A. as well as the writ petition, submits that noting would survive for adjudication considering the nature of grievance that is challenge to the non-selection of the year 2014-15. It is further submitted that the period of engagement as a contractual teacher would have been long since over.

6. Having heard learned Standing Counsel, to grant another opportunity to the petitioner, list on 13.7.2022."

3.

Learned Standing Counsel reiterates the submissions on behalf of the opposite party-State as noted in the order dated 30.06.2022.

4.

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 petition within sixty days for any surviving cause of action.

(M.S. Sahoo) Judge