WP(C)/36525/2020
2021 Latest Caselaw 643 Ori

                           W.P.(C) No.36525 of 2020




02.   20.01.2021                  The    matter     is   taken     up   through     Video
                   Conferencing mode.
                                  Heard learned counsel for the parties.
                                  The writ petition involves the following relief:
                                   "That the petitioner, therefore most humbly
                           prays that this Hon'ble Court be graciously pleased to
                           issue Rule Nisi calling upon the Opposite Parties to show
                           cause as to why the petitioner's services shall not be
                           regularized w.e.f. 28.02.2004 as has been allowed to his
                           counter parts with all consequential arrear benefits as
                           due along with superannuation financial and pensionary
                           benefits by modifying the order No.16249/SME dated
                           12.08. 16;
                                   If the Opposite Parties fail to show cause or show
                           insufficient cause to make the said rule absolute by
                           issuing of an appropriate order/orders, writ/writs,
                           direction/directions as the Hon'ble Court deems just
                           suitable and proper.
                                   And/or to pass such other order/orders,
                           direction/directions as this Hon'ble Court deems just and
                           proper having regard to the facts and circumstance of
                           the case.
                                   And for the act of kindness, the petitioner shall as
                           in duty bound ever pray."

                                  Looking to the prayer involved herein, this Court
                   feels   it   appropriate    to   direct   the    Commissioner-cum-
                   Secretary,     School      and    Mass     Education     Department,
                   Bhubaneswar, opposite party no.1 to treat the writ petition as
                   representation at the instance of the petitioner and take a
                   lawful decision in the matter, taking into consideration the
                   grounds raised in the writ petition, the documents appended
                   thereto and also taking into account the decision of the
                   Hon'ble apex Court in the case of State of Karnataka and
                   others Vrs. M.L.Keshari and others, reported in 2010(II)
                   OLR (SC) 982.
                                  The entire exercise shall be completed within a
                   period of two months from the date of communication of copy
                   of this order, copy of the judgment cited hereinabove, so also
uks
                       2




copy of the writ petition by the petitioner.
             As restrictions are continuing for COVID-19,
learned counsel may utilize the soft copy of this order
available in the High Court's website or print out thereof at
par with certified copies in the manner prescribed, vide
Court's Notice No.4587, dated 25.03.2020.


                                        ..................................
                                        Biswanath Rath, J.