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Orissa High CourtWP(C)/41991/2021disposed off

Chudamani Sahu v. State Of Odisha

2022-01-10Mr. Justice Aditya Kumar Mohapatra3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.41991 of 2021 Chudamani Sahu ....

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

Opp. Parties Mr. S. Jena, Standing Counsel for S & ME

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

10.01.2022 01.

1.

This matter is taken up through Video Conferencing Mode. 2.

Heard Mr. K.K. Swain, learned counsel appearing for the Petitioner and Mr. S. Jena, learned Standing Counsel appearing for the School and Mass Education Department.

3.

The limited grievance of the Petitioner in the present writ petition is that the Director, Secondary Education, Odisha, Bhubaneswar-Opposite Party No.2 has not acted upon letter dated 15.04.2017 issued by the District Education Officer, BolangirOpposite Party No.3 seeking necessary clarification/instruction in the matter for approval of appointment of the Petitioner as Night Watchman in G.N. High School, Larambha.

4.

It is submitted by learned counsel for the Petitioner that the Petitioner has been submitted a representation before the Director, on 21.09.2021. He further submitted that the same is pending till now. 5.

Mr. S. Jena, learned Standing Counsel appearing for the School and Mass Education Department submits that if the petitioner

// 2 // confines the prayer to Annexure-5 i.e. clarification from the Director, Secondary Education Odisha, Bhubaneswar-Opposite Party No.2 with regard to approval of appointment of the Petitioner then he has no objection, if a direction be given to the Director, Secondary Education Odisha, Bhubaneswar to consider and dispose of the representation submitted by the petitioner. He further submits that prayer for grant-in-aid has to be raised before the Director, Secondary Education Odisha, Bhubaneswar under Section 4B of the Odisha Education Act.

6.

Having heard learned counsel for the parties, without entering into the merits of the case, this Court disposes of the writ petition with a direction to the Director, Secondary Education Odisha, Bhubaneswar-Opposite Party No.2 to consider the representation dated 21.09.2021 filed by the petitioner in accordance with law within a period of eight weeks from the date of production of authenticated copy of this order. It is needless to mention here that the Opposite Party No.2 consider and dispose of the representation of the Petitioner by passing a reasoned and speaking order. The decision taken on the same shall be communicated to the Petitioner within a period of ten days thereafter.

7.

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

8.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th

// 3 // March, 2020 as modified by Court's Notice No.4798, dated 15th April, 2021 and Office Order dated 7th January, 2022. ( A.K. Mohapatra) Judge Jagabandhu