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Orissa High CourtWPC(OAC)/1859/2015disposed off

Rabindra Kumar Sil v. State Of Odisha

2022-06-24Mr. Justice M.S.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC) No. 1859 of 2015 Rabindra Kumar Sil ....

Petitioner Dr. J.K. Lenka along with Mr. P.K.

Behera, Advocate -versusState of Odisha & others ....

Opp. Parties Mr. D. Mohapatra, Standing Counsel (School and Mass Education Deptt.)

CORAM:

JUSTICE M.S. SAHOO Order No.

ORDER

24.06.2022 01.

1.

This matter is taken up through hybrid mode.

RJ 2.

The writ petition has been registered before this Court on 21st December, 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 revealed that notices were issued on 01.06.2015 and the matter was never taken up/pursued thereafter nor there is any further pleadings on behalf of either of the parties. 4.

The O.A. was filed in the year 2015 challenging the Govt. Resolution dated27.10.2014 issued by the Govt. of Odisha, Department of School and Mass Education (Annexure-2) fixing upper age limit of 32 years for engagement of contract teachers. 5.

Learned counsel for the petitioner submits that he has no up-to-date instruction from the petitioner to pursue the matter at present.

6.

Learned Standing Counsel referring to the averments made in the writ petition submits that considering the fact that the challenge is to a resolution of the year 2014, nothing would survive for adjudication after eight years, considering the nature

// 2 // of grievance i.e. challenge to the fixation of upper age limit. 7.

Having heard learned counsel for the parties, the writ petition is disposed of for lack of up-to-date instruction to pursue the matter at present granting liberty to revive the same within sixty days for any surviving cause of action. (M.S. Sahoo) Judge