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Orissa High CourtWPC(OAC)/1902/2013dismissed for defaultnonprosecution

Basudev Mishra v. State Of Odisha

2022-04-05Mr. Justice M.S.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC) No. 1902 of 2013 Basudev Mishra ....

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

Opp. Parties Mr. Pravat Ku. Panda, Standing Counsel (School & Mass Education Department)

CORAM:

JUSTICE M.S. SAHOO Order No.

ORDER

05.04.2022 03.

1.

This matter is taken up through hybrid mode.

RJ 2.

None appears for the petitioner, when the matter is called. On 03.03.2022, when the matter was taken up, after hearing learned counsel for the petitioner and the learned Standing Counsel and considering the matter in some detail, the following order was passed:_ "The writ petition has been renumbered and registered before this Court on 02.12.2021 after being transferred, upon abolition of Odisha Administrative Tribunal, Cuttack Bench, Cuttack. On perusal of the available order-sheet of the learned Tribunal, it is found that the matter was never taken up after 28.06.2013.

Original application was filed in the year 2013 by the petitioner-applicant who was 51 years of age while working as in-charge Headmaster in Salipur U.P.M.E. School in the district of Bhadrak, inter alia praying for a direction to allow the petitioner to work as Cluster Resource Centre Coordinator by setting aside the engagement order dated 23.5.2013 (Annexure-3).

Learned counsel for the petitioner submits

// 2 // that he has some personal difficulty and may be accommodated for some time.

Learned Standing Counsel submits that the petitioner would have retired in the meantime on attaining the age of superannuation rendering the writ petition infructuous, moreover, the period of engagement of CRCC was five years which is over long since.

To grant another opportunity to the petitioner, list on 30.03.2022."

3.

On 30.03.2022, none had appeared for the petitioner and the learned Standing Counsel reiterated the submissions as noted in the order dated 03.03.2022. 4.

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