Niranjan Sahoo & Anr vs State Of Orissa & Ors
2021 Latest Caselaw 13038 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            WPC(OAC) NO.1614 OF 2006


            Niranjan Sahoo & anr.                    ....           Petitioners
                                                          Mr.K.K.Swain, Adv.

                                        -versus-

            State of Orissa & ors.                   ....      Opposite Parties
                                                             Mr.R.K.Samal, SC
                      CORAM:
                      JUSTICE BISWANATH RATH
                                       ORDER

23.12.2021 Order No.

01. 1. Heard learned counsel for the Parties.

2. Drawing attention to the similar order passed by the State Administrative Tribunal in O.A. No.2674(C) of 1997 finds place at Annexure-19 to M.P. No.1761(C) of 2013, learned counsel for the Petitioners claims parity of benefit involved therein to the case at hand.

3. This Court, however, does not find any averment that the benefit of judgment claimed herein if attained finality.

4. It is at this stage of the matter, Mr.R.K.Samal, learned Standing Counsel for the School & Mass Education Department is also not in a position to tell if the judgment referred to herein reached finality and went un-assailed.

5. Hearing the rival contentions of the Parties and as this Court finds no counter to the Original Application as of now, this Court remits the matter to O.Ps.1 & 2 to consider the applicability of the

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judgment under Annexure-19 to the case at hand and pass appropriate orders. In the event O.Ps.1 & 2 find that the decision has direction application, order providing such benefit shall be passed by completing the entire exercise within a period of two months from the date of communication of this order.

6. With the above order, the Writ Petition stands disposed of.

(Biswanath Rath) Judge M.K.Rout