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Orissa High CourtWPC(OAC)/4133/2015dismissed for defaultnonprosecution

Biswanath Mohaptra v. State Of Odisha

2022-07-13Mr. Justice M.S.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OAC) No. 4133 of 2015 Biswanath Mohapatra ....

Petitioner None -versusState of Odisha & others ....

Opp. Parties Mr. H.K. Panigrahai, Standing Counsel for O.Ps.1 to 3 None for O.P. No.4

CORAM:

JUSTICE M.S. SAHOO Order No.

ORDER

13.07.2022 01.

1.

This matter is taken up through hybrid mode.

RJ 2.

The writ petition has been registered before this Court on 24th 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 the matter was once listed on 07.01.2016 and when no one appeared for the petitioner, it was directed to be listed after two weeks, thereafter the matter was never taken up/pursued, nor there is any further pleadings by any of the parties.

4.

The O.A. was filed by the applicant before the learned Tribunal in the year 2015, who was then aged about 64 years having retired as Industrial Promotion Officer (I.P.O.) of District Industries Centre (D.I.C.), Puri, with a prayer to issue a direction for revision of pay and re-fixation of his pension and other pensionary benefits.

5.

None appears for the petitioner, when the matter is called. 6.

The relief sought for before the learned Tribunal would

// 2 // indicate that the petitioner sought for a declaration that the order dated 11.04.2005 passed by the Chief Accounts Officer, Director of Industries, Orissa, Cuttack fixing the pay of the applicant to be absolute. Further prayer has been made to set aside the order dated 23.05.2014 fixing the date of increment. 7.

Since no one is pursuing the matter from 2016, no up-todate instruction is available. 8.

Learned Standing Counsel submits that since the matter was never admitted, he has also not received any instructions from the State-opposite parties along with the transferred brief from the learned Tribunal.

9.

Having heard the learned Standing Counsel, the writ petition is disposed of.

(M.S. Sahoo) Judge