Somanath Mantry v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.C. (OAC) No.544 of 2011 Somanath Mantry ....

Petitioner Mr. P. K. Mohapatra, Advocate -versusState of Orissa & Others ....

Opposite Parties Mr. R. N. Acharya, Standing Counsel School and Mass Education Department

CORAM:

JUSTICE M.S. RAMAN Order No.

ORDER

18.10.2022 03.

1.

This matter is taken up through virtual/physical mode. 2.

The Original Application No.544 (C) of 2011 was filed before the Odisha Administrative Tribunal, Cuttack Bench, Cuttack. After its abolition, the same has been transferred to this Court which is renumbered as WPC (OAC) No. 544 of 2011.

3.

The petitioner, Assistant Teacher of Janta High School, Santara in the District of Mayurbhanj, challenging the order dated 07.01.2011 (Annexure-1) prayed for a direction to the authority concerned to release the monthly salary for the month of January, 2011 which has been stopped by way of punishment on the ground of dereliction in duty and such an action is alleged to have been taken without following due process of law.

4.

None has put in appearance for the petitioner. The matter relates to 2011and keeping the same further would not serve the interest on either side.

5.

Mr. R. N. Acharya, learned Standing Counsel for School and Mass Education placed on record a

// 2 // communication from District Education Office, Mayurbhanj, Baripada vide Letter No.3182 dtd. 21.03.2022 which speaks as follows:

"With reference to the letter on the subject cited above, I am to send herewith the application of Sri Somnath Mantry, Retd. Head Master, Mangobindpur Govt. High School, the petitioner WPC(OAC) No.544 of 2011 wherein he has submitted that the claims of salary for the month of January 2011 has already been received from this office."

6.

In view of the said fact as reflected in the letter dated 21.03.2022, there is no surviving cause of action and hence, the Writ petition is disposed of.

(M.S. Raman) Judge Sipun