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Orissa High CourtWPC(OAC)/411/2013not pressed

Gangadhara Murmu v. State Of Odisha

2022-02-24Mr. Justice M.S.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC) No. 411 of 2013 Gangadhar Murmu ....

Petitioner Mr. Anjan Ku. Biswal, Advocate -versusState of Odisha & others ....

Opp. Parties Mr. S. Jena, SC ( S & ME)

CORAM:

JUSTICE M.S. SAHOO Order No.

ORDER

24.02.2022 01.

This matter is taken up through hybrid mode.

The writ petition has been registered before this Court on 2nd December, 2021, after the original application was transferred from the learned Orissa Administrative Tribunal, Cuttack Bench, Cuttack upon its abolition.

On perusal of the available order sheets of the learned Tribunal, it is indicated that the matter was never taken up after 04.02.2013.

The original application was filed before the learned Tribunal in the year 2013 by the applicant who was then 43 years of age challenging action of opposite party no.4-Collector, Mayurbhanj and opposite party no.5-District Project Coordinator, Mayurbhanj, Sarba Sikshya Abhiyan in not initiating a process for selecting Cluster Resource Center Coordinator (CRCC).

It is submitted by the learned counsel for the petitioner that the initial engagement of the CRCC and BRCC was to be for a period of 5 years and he does not have up-to-date instruction to pursue the present litigation.

Learned Standing Counsel relying on the counter affidavit

// 2 // filed by the DPC, SSA, Mayurbhanj submits that the advertisement dated 20.11.2012 prescribing the eligibility criteria is just and proper and challenge to the advertisement after about 9 years would not survive.

Learned counsel for the petitioner submits that an interim order was passed by the learned Tribunal by order dated 04.02.2013 but he also fairly submits that after 5 years the cause of action may not survive.

Having heard learned counsel for the parties, the writ petition is disposed of for lack of instructions. All the interim orders passed by the learned Tribunal earlier stand vacated.

As prayed for by the learned counsel for the petitioner, liberty is granted to the petitioner to revive the petition within sixty days for any surviving cause of action. (M.S. Sahoo) Judge RJ