Choudhary Satyabrata Dash v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OA) No. 1866 of 2013 Choudhury Satyabrata Dash Appellant None -versusState of Odisha and others Respondents Mr. T.K.Praharaj, SC

CORAM:

JUSTICE M.S.SAHOO Order No.

ORDER

4.4.2022 2.

1. This matter is taken up by hybrid mode.

2. None appears for the petitioner when the matter is called.

3. On 3.3.2022 when the matter was taken up, after considering in some detail and hearing learned counsel for the State, following order was passed :

"1. This matter is taken up by hybrid mode.

The Original Application having been transferred from the learned Orissa Administrative Tribunal, Bhubaneswar upon its abolition, has been registered before this Court on 11.8.2021.

2. On perusal of the available order sheets of the learned Tribunal it is indicated that the matter was never taken up after 12.3.2015.

3. The O.A. was filed in the year 2013 by the applicant/petitioner before the learned Tribunal when he was 56 years of age, working as Research Officer, Town Planning Unit, Phulbani in the district of Phulbani, inter alia, seeking relief for fixation of his pay scale and to pay him the arrear after pay fixation. It is submitted by learned AGA that the petitioner would have retired on attaining the age of superannuation in the year 2019 and in view of subsequent events, the nature of grievance raised in the writ petition regarding fixation of pay, would not survive and would give rise to a fresh cause of action after the petitioner has retired.

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4. To grant another opportunity to the petitioner, list on 4.4.2022."

4. Learned Standing Counsel reiterates the submission on behalf of the learned counsel for O.P.-State as indicated in the order dated 3.3.2022.

5. The writ petition is dismissed for non-prosecution. (M.S.Sahoo) Judge dutta