Sarat Kumar Padhi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC) No. 4169 of 2015 Sarat Kumar Padhi & others ....

Petitioners Mr.S.K.Nath, Advocate -versusState of Odisha and others ....

Opp. Parties Mr. P. Bharadwaj, ASC

CORAM:

JUSTICE M.S.SAHOO Order No.

ORDER(Oral) 14.7.2022 01 1. This matter is taken up through hybrid mode.

2. The writ petition has been registered before this Court on 23.12.2021 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 notices were issued on 16.11.2015. The matter was not taken up/pursued thereafter.

4. The O.A. was filed by twelve petitioners joining together challenging the vires of Rule 11, Sub-Rule (2) of the Odisha Elementary Education (Method of Recruitment and Conditiona of Service of Teachers and Officers) Amendment Rules, 2014 at Clause-9 of the Notification No. 14081, dated 01.07.2014.

5. The grievance raised in the O.A. was that the applicants having qualification of matriculation with Certificate Teacher (CT) training/Higher Secondary with CT training have been deprived of getting promotion from Level-IV to Level-III teacher.

6. Learned counsel for the petitioners fairly submits that he has no up-to-date instruction at present to pursue the matter on behalf of the petitioners.

7. It is submitted by the learned Addl. Standing Counsel that during pendency of the O.A., Rules that were amended in 2014, have again undergone amendment in 2020, thereby giving rise to a fresh cause of action.

8. Having heard learned counsel for the parties, the writ petition is disposed of for lack of up-to-date instructions from the petitioners to pursue the matter at present granting liberty to revive the petition within sixty days and/or move the authorities for redressal of their grievance. (M.S.Sahoo) dutta Judge