Jayanti Sahoo vs State Of Odisha & Ors
2021 Latest Caselaw 11289 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              WPC(OAC).No.3727 of 1997


            Jayanti Sahoo                          ....          Petitioner
                                                Mr.K.K.Swain, Advocate
                                         -versus-
            State of Odisha & Ors                   ....        Respondents
                                                    Mr.R.K.Samal, Standing
                                               Counsel, S & ME Department
                              CORAM:
                       JUSTICE BISWANATH RATH
                                        ORDER

Order No.                              03.11.2021
   01.      1.       Heard learned counsel for the parties.

2. This writ petition involves the following prayer:

"Under the above circumstances, it is humbly prayed that the Original Application be allowed;

And

(a) necessary direction be made to the respondents to allow the applicant to continue against Class-VII-C and her appointment may be approved against the aforesaid post and thereafter, her monthly salary be released directly;

And

(b) necessary direction be made to the respondents to produce the relieve order passed by the Headmaster of the School in question and upon production of the same, the relieve order may be quashed and the applicant may be allowed to continue in her former post with all service benefits including her salary for the intervening period;

And

(c) any other order/orders or direction/directions be issued so as to give complete relief to the applicant."

// 2 //

3. In spite of issuing notice by the Tribunal, there is no counter affidavit as of now. This Couirt finding difficulty in adjudicating the matter, however, treating this case to be a pending case, opposite party no.2 is directed to treat the writ petition as representation at the instance of the petitieonr and take decision, as appropriate, but however, taking into consideration the applicability of the judgment/ order of the Tribunal in Original Application No.3474(C) of 1997 by completing the entire exercise within a period of two months from the date of communication of certified copy of this order by the petitioner. Petitioner is directed to communicate certified copy of this order, copy of the petition and copy of the judgement/order of the Tribunal in Original Application No.3474(C) of 1997 to the opposite party no.2 within a period of ten days hence.

4. The WPC(OAC) stands disposed of.

(Biswanath Rath) Judge

sks