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Orissa High CourtWPC(OAC)/2805/2011dismissed for defaultnonprosecution

Dayanidhi Behera v. State Of Odisha

2022-02-22Mr. Justice M.S.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC) No. 2805 of 2011 Dayanidhi Behera ....

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

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

Advocate

CORAM:

JUSTICE M.S. SAHOO Order No.

ORDER

22.02.2022 02.

This matter is taken up through hybrid mode.

RJ None appears for the petitioner.

The writ petition has been registered before this Court on 24th 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 matter was never taken up after 30.08.2011.

The original application was filed by the applicant, who has stated to be a Class-IV employee of the Major Settlement, Cuttack in the office at Jobra, Cuttack and was disengaged/retrenched from service. The relief prayed for before the Tribunal was to re-engage the applicant/petitioner as a Job Contract employee against any Class-IV vacant post and disposal of the representations those were filed by the petitioner. It is submitted by the learned Addl. Govt. Advocate

// 2 // that since the matter was not pursued before the Tribunal after 2011, by efflux of time, nothing survives for determination.

None had appeared on behalf of the petitioner to pursue the writ petition when the matter was listed on 14.02.2022.

In view of the above, the writ petition is dismissed as not pressed grating liberty to the petitioner to revive the same within a period of ninety days for any surviving cause of action.

(M.S. Sahoo) Judge