26 09.04.2021 The Matter Is Taken ... vs Unknown
2021 Latest Caselaw 4957 Ori

                                   W.P.(C) No.7650 of 2010




26   09.04.2021             The matter is taken up by video conferencing mode.
                            Heard Mr. K. Swain on behalf of Mr. K.K. Swain,
                  learned counsel for the petitioner and Mr. B. Prusty, learned
                  Standing Counsel for School and Mass Education Department.
                            Mr. B. Prusty, learned Standing Counsel for School
                  and Mass Education Department, referring to the relief sought
                  in the writ petition to count the past service of the petitioner
                  for the period from 16.12.2003 to 22.12.2006 as continuous
                  service    and    engage   her   as   Junior   Teacher   with   all
                  consequential benefits, contended that this question has
                  already been decided in Susil Kumar Mohapatra v. State
                  of Orissa        (W.P.(C) No.1751     of 2012 disposed of on
                  12.07.2016), wherein this Court held that the persons are not
                  entitled to get the benefit of continuous service and this plea
                  has been advanced for the first time before this Court.
                            Learned counsel for the petitioner contended that he
                  is not aware of the said judgment. Therefore, this Court
                  directs learned Standing Counsel for School and Mass
                  Education Department to file further affidavit within a period
                  of ten days bringing the said fact to the notice of the learned
                  counsel for the petitioner annexing the copy of the said
                  judgment of this Court so that the petitioner will get
                  opportunity to examine the same.
                            Put up this matter after ten days.
                        As the restrictions due to COVID-19 situation are
                  continuing, learned counsel for the parties may utilize a soft
                  copy of this order available in the High Court's website or
        print out thereof at par with certified copy in the manner
       prescribed, vide Court's Notice No.4587, dated 25th March,
       2020.


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Alok (DR. B.R. SARANGI) JUDGE