Kamalini Seth vs State Of Odisha & Ors
2021 Latest Caselaw 8048 Ori

       IN THE HIGH COURT OF ORISSA AT CUTTACK


                  W.P.(C) No. 21425 OF 2021

Kamalini Seth                              .....                      Petitioner

                                                      Mr. D.N. Rath, Advocate
                                   Vs.
 State of Odisha & Ors.                    .....              Opposite parties

                                                  Mr. B. Mohanty, SC S&ME
                                                                    Deptt.


            CORAM:
                DR. JUSTICE B.R. SARANGI

                                           ORDER

02.08.2021

Order No. This matter is taken up though hybrid arrangement

(virtual/physical mode).

Heard Mr. D.N. Rath, learned counsel for the petitioner and Mr. B. Mohanty, learned Standing Counsel for School and Mass Education Department.

The petitioner has filed this writ petition seeking direction to the opposite parties to treat her to be absorbed as Sikhya Sahayak with effect from 15.04.2008 since the petitioner is engaged in the vacant post of Sikhya Sahayak and is having same qualification as that of the Sikhya Sahayaks and is performing the same duty in a primary school as per the policy decision of the State Government and accordingly treat the petitioner as Jr. Teacher w.e.f. 15.04.2011 and Regular Primary School Teacher w.e.f. 15.04.2014 in terms of the resolution of the Government dated 16.02.2008 and 04.12.2013.

In course of hearing, learned counsel for the petitioner submits that highlighting the grievance, the petitioner has made representation to opposite party no.1 vide Annexure-10 and the same may be directed to be disposed of within a stipulated time in the light of the judgment dated 05.03.2020 passed by this Court in W.P.(C) No.31679 of 2011, to which learned Standing Counsel for School and Mass Education Department has raised no objection.

In view of the aforesaid limited grievance of the petitioner, without expressing any opinion on the merits of the case, this Court disposes of the writ petition directing opposite party no.1 to consider and dispose of the representation of the petitioner in Annexure-10 in the light of the judgment dated 05.03.2020 passed by this Court in W.P.(C) No.31679 of 2011 and pass appropriate order in accordance with law within a period of three months from the date of production of authenticated/certified copy this order.

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 March, 2020, as modified by Court's notice no. 4798 dated 15th April, 2021.

Alok (DR. B.R. SARANGI) JUDGE