Dr. Manasi Mishra vs State Of Odisha And Others
2021 Latest Caselaw 8651 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                       W.A. No.125 of 2019
                 Dr. Manasi Mishra                         ....        Appellant
                                               Mr. Lalit Mohan Nanda, Advocate
                                              -versus-
                 State of Odisha and others                ....     Respondents
                              Mr. J. Katikia, Additional Government Advocate

                       CORAM:
                       THE CHIEF JUSTICE
                       JUSTICE B. P. ROUTRAY
                                        ORDER

Order No. 18.08.2021

06. 1. The present appeal is directed against the judgment dated 29th January, 2019 passed by the learned Single Judge allowing W.P.(C) No.7103 of 2018 and striking down a resolution dated 14th March, 2018 issued by the School and Mass Education Department fixing guideline for State Awards to teachers excluding teachers of recognized institutions.

2. Against the same impugned judgment of the learned Single Judge, several writ appeals were filed which came to be disposed of by a Division Bench of this court by a common order dated 18th March / 11th June, 2021. While declining to interfere with the aforementioned judgment of learned Single Judge quashing resolution dated 14th March, 2018 it was directed in two of the appeals i.e. W.A. No.261 and 124 of 2019, that since those appellants i.e. Sanat Kumar Behera and Rabindra Nath Behera had already been selected for the award and not been arrayed as

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Opposite Parties in the writ petition, it was left to the state Government to award them if it so chooses.

3. As far as present Appellant is concerned, she claims that she too was not arrayed as a party in the aforementioned writ petition in which Girish Chandra Tripathy was a party, i.e. W.P.(C) No.7103 of 2018. She had filed a separate writ petition being W.P.(C) No.21754 of 2018 which was dismissed on account of the judgment dated 29th Jaunuary, 2019 in W.P.(C) No.7103 of 2018.

4. In view of the above discussion the order passed on 29th January, 2019 in W.P.(C) No.21754 of 2018 is set aside and the said writ petition is restored to the file of learned Single Judge on the limited question whether the limited relief as granted to similarly placed persons by the Division Bench of this Court in its order dated 18th March/11th June, 2021 in W.A. Nos. 261 and 124 of 2019 may not be granted to the present Appellant as well.

5. The writ appeal is disposed of in the above terms.

6. W.P.(C) No.21754 of 2018 will now be placed before the learned Single Judge for directions on 27th September, 2021.

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

(Dr. S. Muralidhar) Chief Justice

( B.P. Routray) Judge M.K. Panda