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Orissa High CourtWP(C)/40952/2021disposed off

Prabhakara Panda v. State Of Odisha

2022-01-04Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.40952 of 2021 Prabhakara Panda and others ....

Petitioners Mr.Rama Krishna Bisoi, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. S. Jena, Standing Counsel for S.& M.E. Deptt..

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

04.01.2022 Order No.

01.

1.

Heard learned counsel for both the parties.

2.

Petitioners have filed the present writ petition for a direction to the Opposite Party No.2 to consider the case of the Petitioners for their retrospective promotion to the cadre of Jr. SES on completion of three years of service in the cadre of LSES with notional benefit as has been decided by the learned Tribunal under Annexure-6. They further prayed before this Court to implement the said order under Annexure-7 within a stipulated period of time. 3.

Mr. S. Jena, learned Standing Counsel for School and Mass Education Department submits that most of the Petitioners have already attained the age of superannuation, therefore the relief sought for by the Petitioners may have become infructuous in the meantime.

// 2 // 4.

Having heard learned counsel for both the sides, this Court disposes of the writ petition with a direction the Director of Secondary Education, Odisha, Bhubaneswar, Opposite Party No.2 to dispose of the representation of the Petitioners dated 25.10.2021 under Annexure-8 within a period of twelve weeks from the date of production of certified copy of this order. It is further made clear that Opposite Party No.2 shall consider the case of the Petitioners in accordance with law and allow the benefits claimed by them, if there is no other legal impediment, by passing a reasoned and speaking order. Decision so taken on the representation of the Petitioners shall be communicated to the Petitioners within ten days of such decision. It is made clear that this Court has not expressed any opinion on the merits of the case.

5.

With the above direction, the writ petition stands disposed of.

(A.K. Mohapatra) Judge U.K.Sahoo