Smt.Sarata Mishra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OAC) No. 4303 of 2015 Smt. Sarata Mishra ....

Petitioner Mr. H.P. Rath, Advocate -versusState of Odisha & others ....

Opp. Parties Mr. P.K. Panda, Standing Counsel (School and Mass Education)

CORAM:

JUSTICE M.S. SAHOO Order No.

ORDER

14.07.2022 01.

1.

This matter is taken up through hybrid mode.

RJ 2.

The writ petition has been registered before this Court on 23rd 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 indicated that notices were issued on 01.12.2015, thereafter the matter was not taken up/pursued, nor there is any further pleadings on behalf of any of the parties.

4.

The O.A. was filed in the year 2015 by the petitioner who had retired as Headmaster of Dumukipur Project U.P. School, seeking a direction for disposal of her representation for grant of 2nd and 3rd Assured Career Progression (ACP) w.e.f. 1.1.2006.

5.

It is submitted by the learned counsel for the petitioner that he has no instruction at present to pursue the matter on behalf of the petitioner.

// 2 // 6.

Learned Standing Counsel referring to the averments made in the writ petition, submits that considering the nature of grievances raised i.e. grant of ACP w.e.f. 01.01.2006, nothing would survive after 16 years of the cause of action.

It is further submitted that as per the subsequent ORSP Rules, Revised Assured Career Progression has been implemented, therefore the petition has become infructuous.

7.

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 a period of sixty days for any surviving cause of action. (M.S. Sahoo) Judge