Anil Kumar Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OAC) No. 38 of 2013 Anil Kumar Das Petitioner None -versusState of Odisha and others .... Opposite Parties Mr. Pravat Kumar Panda, SC, S&ME Department

CORAM:

JUSTICE M.S.SAHOO Order No.

ORDER

22.3.2022 2.

1. This matter is taken up by hybrid mode.

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

3. When the matter was taken up on 23.2.2022 the following order was passed :

"1. This matter is taken up by hybrid mode. The writ petition is registered on 6.12.2021 before this Court after the O.A. 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 7.4.2015.

2. Original Application was filed before the learned Tribunal in the year 2013 by the petitioner who was working as Headmaster in S.D.Patna M.E. School in the Bhadrak Education District, Bhadrak seeking a direction

// 2 // for stay of operation of Annexure-4, select list of 2012 for promotion to the Level V teacher to from Level IV of Bhadrak II Education district.

Learned Standing Counsel submits that due to long lapse of time, the matter has been rendered infructuous and nothing survives for adjudication.

To grant another opportunity to the petitioner, list on 22.3.2022."

4. Learned Standing Counsel for the School & Mass Education Department reiterates his submission that nothing would survive for adjudication after a lapse of nine years considering the nature of grievance raised in the writ petition regarding the select list of 2012 for promotion to Level V from Level IV.

5. Having heard learned Standing Counsel, the writ petition is dismissed for non-prosecution granting liberty to the petitioner to revive the same within ninety days for any surviving cause of action. (M.S.Sahoo) Judge dutta