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Orissa High CourtWPC(OAC)/3725/2011infructuous

Nrusingha Charan Sahoo v. State Of Odisha

2022-03-03Mr. Justice M.S.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC) No. 3725 of 2011 Nrusingha Charan Sahoo ....

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

Opp. Parties Mr. Dhananjay Mund, Addl. Govt.

Advocate

CORAM:

JUSTICE M.S. SAHOO Order No.

ORDER

03.03.2022 02.

RJ This matter is taken up through hybrid mode.

The writ petition has been registered before this Court on 23rd November, 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 notices were issued by the learned Tribunal on 06.05.2013, the matter was then listed on 24.06.2013 and was never taken up thereafter.

On the last occasion i.e. 14.02.2022, no one was present on behalf of the petitioner.

It is submitted by the learned Addl. Govt. Advocate that the petitioner was disengaged from his job contract employment in the Brahmagiri Tahasil after coming into force of the circular dated 12.04.1993 following the "Last come" "First go" principle.

Learned Addl. Govt. Advocate also relies on the

// 2 // counter filed before the learned Tribunal dated 06.12.2013 by the respondent no.3-Asst. Land Reforms Commissioner, office of the Land Reforms Commissioner, Board of Revenue, Odisha, Cuttack. Relying on the counter, it is submitted that the reduction of budget allocation resulting in closure of job contract establishment is a just and proper ground and the scope of judicial review of such financial constraint is very limited.

It is further submitted that after long lapse of about nine years, nothing would survive in the present writ petition for adjudication.

Having heard learned Addl. Govt. Advocate, the writ petition is disposed of as infructuous, granting liberty to the petitioner to revive the same within four months, for any surviving cause of action.

(M.S. Sahoo) Judge