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Orissa High CourtWPC(OAC)/540/2011disposed off

Chaudhury Nayak v. State Of Orissa

2022-03-16Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC) No.540 of 2011 Chaudhury Nayak ....

Petitioner Ms. B.K.Pattnaik, Advocate -versusState of Odisha & others ....

Opposite Parties Mr. R.C.Patnaik, Standing Counsel, S & ME.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

16.03.2022 02.

1.

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

2.

Heard learned counsel for the Petitioner and learned Standing Counsel for School & Mass Education Department. 3.

Perused the records.

4.

The present writ application has been filed for a direction to the Opposite Parties to count the service period of the Petitioner spent during his tenure as Sikhya Karmi for the purpose of all service benefits and the said period be counted as qualifying service and grant all financial and consequential service benefits. 5.

Although the writ petition was filed in the year 2011 before the learned Orissa Administrative Tribunal, after abolition of the Tribunal the same has been transferred to this Court and renumbered as WPC(OAC) No.540 of 2011.

6.

The opposite Parties have not filed any counter affidavit. However learned counsel appearing for the School & Mass Education Department submits that let the Petitioner file a fresh application which

// 2 // shall be considered in accordance with law within a stipulated period of time.

7.

Considering the limited grievance of the Petitioner, this writ application is disposed of with a direction to the Petitioner to file a fresh representation before the Director, Elementary Education, Opposite Party no.2 within a period of two weeks from today along with certified copy of this order. In the event such a representation is filed, the same shall be considered expeditiously and in the event it is found that the Petitioner is eligible to get the benefit of the service period as Sikhya Karmi the same shall be taken into consideration and all consequential service and financial benefit shall be calculated within a period of two months and the same be paid to the Petitioner within one month thereafter.

8.

With the aforesaid observation, the writ application stands disposed of.

9.

Issue urgent certified copy of this order as per Rules. RKS ( A.K. Mohapatra ) Judge