Asima Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.C. (OAC) No.4076 of 2016 Smt. Asima Nayak ....

Petitioner Mr. Bimbisar Dash, Advocate -versusState of Odisha & Others ....

Opposite Parties Mr. R.N. Acharya, Standing Counsel for School and Mass Education Department

CORAM:

JUSTICE M.S. RAMAN

ORDER

17.08.2022 Order No.

04.

1.

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

The Original Application No. 4076 of 2016 was filed before the State Administrative Tribunal, Cuttack Bench, Cuttack. After its abolition, the same has been transferred to this Court which is renumbered as WPC (OAC) No. 4076 of 2016.

3.

The learned Administrative Tribunal in S.P. No. 99(C)/2018 arising out of O.A. No. 4076(C)/2016 passed the following order:- "S.P. No. 99(C)/2018 has been filed by the applicant with a prayer not to give effect to office order dated 22.09.2018, a notification absorbing juniors to the applicant as per list at Annexure-1 to regular posts. He further submitted that the applicant is entitled to be regularized in terms of decision taken by state government in order dtd.22.09.2018 at Annexure-6 but instead of doing that juniors to the applicant have been regularized but his case has not been considered. No counter has been filed.

Learned Additional Standing Counsel on the other hand submitted that Annexure-1 is not an authentic document and relief(s) sought for in S.P. No.99(c)/2018 cannot be entertained.

However counter has not been filed for more than two years.

// 2 // List this matter in the 1st weeks of February, 2019, if no counter is filed in O.A. is likely to be disposed of on the basis of materials availed on record.

S.P. No. 99(C)/2018 is accordingly disposed." 4.

At the time of hearing today, Mr. Bimbisar Dash, counsel for the Petitioner submitted that the reliefs have already been settled and the matter has become infructuous by efflux of time.

5.

Accordingly, the writ petition is disposed of as infructuous.

(M.S. Raman) Judge Laxmikant