Kalpeswar Rout v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.C. (OAC) No.1330 of 2014 Kalpeswar Rout ....

Petitioner Mr. Snigadharani Nayak, Proxy Counsel -versusChairman, Staff Selection Board, Odisha Police, Cuttack & Others ....

Opposite Parties Mr. P.K. Mohanty, ASC

CORAM:

JUSTICE M.S. RAMAN

ORDER

21.10.2022 Order No.

02.

1.

The Petitioner submitted that he applied for the post of Sepoy/Constable in the district of Malkangiri responding to advertisement dated 28th May, 2013 as S.E.B.C. candidate. 2.

29 posts were reserved for S.E.B.C. candidates and the last candidate for the said category secured 44.25 marks, whereas the Petitioner had secured 44 marks. The Petitioner asserted that twelve candidates have not either joined or left job. As he secured 44 marks, there was likelihood that he might be appointed against the aforesaid post. Though he had submitted a representation, the same was pending for consideration.

3.

The learned Odisha Administrative Tribunal vide order dated 30th April, 2014, while issuing notice as an interim measure passed the following order:

"So far as the prayer for interim order is concerned, pendency of the O.A. is not a bar for consideration of the representation

// 2 // of the applicant for appointment to the post of Sepoy/Constable."

4.

This matter being of the year 2014 and the counsel for the Petitioner submitted that she has no up-to-date instruction, keeping the matter pending will not serve any fruitful purpose. Hence, the writ petition is dismissed of with liberty to the counsel for the Petitioner to revive the same within a period of 30 days, if cause of action still subsists.

(M.S. Raman) Judge Laxmikant