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Smt. Gayatri Nath And Others vs State Of Odisha And Others
2021 Latest Caselaw 8499 Ori

Citation : 2021 Latest Caselaw 8499 Ori
Judgement Date : 12 August, 2021

Orissa High Court
Smt. Gayatri Nath And Others vs State Of Odisha And Others on 12 August, 2021
              IN THE HIGH COURT OF ORISSA AT CUTTACK

                           W.P.(C) No.22035 of 2021

            Smt. Gayatri Nath and others           ....          Petitioners
                                                   Mr. D.S. Ray, Advocate
                                        -versus-
            State of Odisha and others         ....       Opposite Parties
                                   Mr. D.R. Mohapatra, Standing Counsel

                      CORAM:
                      THE CHIEF JUSTICE
                      JUSTICE B.P. ROUTRAY


                                     ORDER

12.08.2021 Order No.

02. 1. This is a service matter since the prayer in the present writ petition is for not reinstating Opposite Party No.7 in the school in question.

2. As explained by the Supreme Court in a series of judgments, PILs in regard to service matters are not maintainable. In Neetu v. State of Punjab (2007) 10 SCC 614 the Supreme Court observed:

"Though in Dr. Duryodhan Sahu and Ors. v. Jitendra Kumar Mishra and Ors. (AIR 1999 SC 114), this Court held that in service matters PILs should not be entertained, the inflow of

// 2 //

so-called PILs involving service matters continues unabated in the Courts and strangely are entertained. The least the High Courts could do is to throw them out on the basis of the said decision."

3. Leaving it open to the Petitioners to seek other appropriate remedies as may be available to them in accordance with law, the writ petition is disposed of.

4. An urgent certified copy of this order be issued as per rules.

(Dr. S. Muralidhar) Chief Justice

( B.P. Routray ) Judge

S.K. Guin

 
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