Parshuram Badhei v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPC(OAC) No.3793 of 2012 Parshuram Badhei ....
Petitioner Mr. K.C.Dash, Advocate -versusState of Odisha & others ....
Opp.Parties Mr.Debasish Mohapatra, Standing Counsel for the School and Mass Education Department
CORAM:
JUSTICE M.S.SAHOO Order No.
ORDER
11.04.2022
2. This matter is taken up through hybrid mode. It is submitted by the learned counsel for the petitioner that he has no up to date instruction to pursue the matter at present on behalf of the petitioner. On 23.02.2022 the following order was passed : "None appears for the petitioner.
The writ petition has been registered before this Court on 1st December, 2021, after the original application was transferred from the learned State 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 17.12.2012.
The original application was filed before the learned Tribunal in the year 2012 by the applicant who was working as an Asst. Teacher in Kuliary U.P. School under the District Inspector of Schools, Padmapur, Bargarh (opposite party no.3) challenging the Notification dated 05.09.2012 (Annexure-2) issued by the Government of Odisha, School and Mass Education Department implementing the order dated 23.12.2011 passed in W.P.(C) No.14979 of 2010 by this Court.
// 2 // Learned Standing Counsel submits that since the order as at Annexure-2 is for implementation of the order passed by this Court, the original application could not have been maintained without challenging the order of this Court or seeking modification of the order passed by this Court.
To grant another opportunity to the petitioner, list on 11th April, 2022."
Learned Standing Counsel reiterates the submissions on behalf of the State as noted in the order dated 23.02.2022.
Having heard the learned counsel for the parties, the writ petition is disposed of for lack instructions on behalf of the petitioner granting liberty to revive the same within sixty days for any surviving cause of action. ( M.S.Sahoo) Judge dutta