Subash Chandra Behera v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC)No.1546 of 2014 Subash Chandra Behera ....

Petitioner Mr.Sudarsan Behera, Advocate -versusState of Odisha & Ors.

....

Opp. Parties Mr.S.Mishra, SC (For S & M.E.Deptt.)

CORAM:

MR. JUSTICE S.K. PANIGRAHI

ORDER

31.03.2022 Order No.

1.This matter is taken up by hybrid mode.

2.This matter has been transferred to this Court after abolition of Odisha Administrative Tribunal, Cuttack Bench, Cuttack. .

3. The petitioner has filed this writ petition seeking direction to the opposite party No.3 to consider the promotion of the petitioner to the Level-IV to Level-III from the date of his juniors were promoted by quashing impugned order vide Annexure-7.

4. The grievance of the petitioner is that he was appointed as Assistant Teacher at Dashipur Primary School on 30.09.1982 being selected by District Selection Committee, Dhenkanal under Kamakhyanagar Education District and continued as

// 2 // such in different schools under Kamakhyanagar Education District.

5. Learned counsel for the petitioner submits that by the time of filing of the present case in the year 2014, the age of the petitioner was 52 years. By efflux of time the petitioner must have retired by now. Hence, there seems to be absence of any cause of action in the present writ petition. However, liberty may be granted to the petitioner to approach this Court afresh, if any cause of action survives.

6. In view of the above, the WPC(OAC) is disposed of granting liberty as aforesaid.

7. Issue urgent certified copy as per Rules.

( S.K. Panigrahi) Judge LB