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Orissa High CourtWPC(OAC)/3934/2011disposed off

Bijaya Kumar Moharana v. State Of Orissa

2022-02-15Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC) No.3934 of 2011 Bijaya Kumar Moharana ....

Petitioner Mr. B.K. Nayak, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. K.K. Nayak, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

15.02.2022 01.

1.

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

2.

None appears for the Petitioner when the matter is called. 3.

Heard Mr. K.K. Nayak, learned counsel for the State. 4.

Upon perusal of the relief sought for in this writ petition, it reveals that the Petitioner has challenged the action of the Government in bringing over the Petitioner to the Work Charge establishment instead of regular wages establishment and he has approached this Court for a direction to bring over the Petitioner to the Regular Establishment with all consequential service benefit. 5.

It appears from the record that the Petitioner must have retired from service on attaining the age of superannuation. Therefore, relief sought for in the writ petition has become infructuous with the passage of time.

6.

In such view of the matter, the writ petition is disposed of as infructuous. However, the Petitioner is given liberty to revive this

// 2 // application by filing an appropriate petition in the event the cause of action still survives.

7.

With the aforesaid observation, the writ petition is disposed of. Jagabandhu ( A.K. Mohapatra ) Judge