Nilamani Manik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OAC) No.2468 of 2014 Nilamani Manik ....

Petitioner Mr. M.K. Sahoo, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. S. Mishra, SC CORAM: JUSTICE S.K. PANIGRAHI

ORDER

19.04.2022 Order No.

01.

1. The matter is taken up through hybrid mode.

2. This matter has been transferred to this Court after closure of the State Administrative Tribunal, Cuttack Bench, Cuttack.

3. The applicant-petitioner appointed as Level IV teacher (Headmaster) of Saripur Primary School under Nimapara Block in the district of Purit. He filed this writ petition challenging the action of the opposite parties in not counting his service period from the date of joining i.e. 18.10.1979 being later than the date of recognition of the School i.e. 01.06.1979, towards seniority, placement in the gradation list and for promotional benefits, in contravention of the Government clarification under Annexure-3 and 4 and also in contravention of the principles of the seniority as settled by this Court in its judgment dated 23.12.2011 passed in W.P.(C) No.10979 of 2010 and a batch of cases confirmed by the Hon'ble Apex Court vide order dated 02.07.2012 in SLP No.9054 of 2011.

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4. Learned counsel for the petitioner submits that the petitioner has been superannuated from service in March, 2018. Hence, the grievance raised in the present petition i.e. seniority renders infructuous.

5. In view of the above submission, the WPC (OAC) is disposed of as infructuous.

6. The petitioner is at liberty to approach the Court afresh if any cause of action survives.

(S.K. Panigrahi) Judge pcd