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Orissa High CourtWPC(OAC)/246/2011disposed off

Nirmala Kumari Sahu v. Director,Elementary Education

2022-02-08Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC) No.246 of 2011 Nirmala Kumari Sahu ....

Petitioner Mr. B.K. Kar, Advocate -versusDirector, Elementary Education and others ....

Opposite Parties Mr. S. Jena, Standing Counsel for S & ME.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

08.02.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for both the parties.

3.

The claim of the Petitioner in the present writ petition is for payment of arrear salary. The Opposite Parties have filed a counter affidavit in this case disputing the claim of the Petitioner with regard to payment of arrear salary. Further, it is stated in the counter affidavit that the Petitioner was not working during the period for which arrear salary is being claimed.

4.

Learned counsel for the School and Mass Education Department submits that the Petitioner has not joined at the place of transfer.

5.

In such view of the matter, the writ petition is being dismissed as the same is devoid of merit.

6.

However, it is open for the Petitioner to file a representation

// 2 // before the competent authority in the event, it is found cause of action still survives. The competent authority shall do well to dispose of the representation as expeditiously as possible in accordance with law.

7.

Urgent certified copy of this order be granted on proper application.

Jagabandhu ( A.K. Mohapatra ) Judge