Biranchi Narayan Behera vs State Of Odisha And Others
2021 Latest Caselaw 7094 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C) No.16311 of 2021

            Biranchi Narayan Behera             .....                       Petitioner
                                                                Mr.S.Samal, Advocate


                                            - Versus-

            State of Odisha and others,         .....                Opposite parties
                                                          Mr.D.Mohapatra,
                                                  Standing Counsel, S&ME
                         CORAM:
                             JUSTICE BISWANATH RATH


                                            ORDER

13.07.2021 Order No. This matter is taken up through video conferencing.

2. Heard learned counsel appearing for the parties.

3. It is alleged that the position of law involving the issue involved herein has been settled through the decision rendered in the case of Ritanjali Giri alias Paul -vrs.-State of Odisha (School & M E. Department) and others, 2016 (1) ILR-1162 and this settled position of law has not been taken into account while passing the impugned order under Annexure-5. It is in this limited ground the matter is remitted back to the competent authority i.e., District Education Officer, Angul to consider the case of the petitioner considering the applicability of the judgment (supra) by completing the entire exercise within a period of two months from the date of communication of a copy of this order along with a copy of the decision (supra) so relied by the petitioner.

4. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout 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.

(BISWANATH RATH) Susil Kumar Swain JUDGE