Kshyamanidhi Mishra & Another vs State Of Odisha & Others
2022 Latest Caselaw 6047 Ori

                IN THE HIGH COURT OF ORISSA AT CUTTACK
                        WPC(OAPPC) No.169 of 2014

       Kshyamanidhi Mishra & Another         ....                    Petitioners
                                             Mr. J. Biswal, Proxy Counsel on
                                           behalf of Mr. RP Dalai, Advocate


                                      -versus-

       State of Odisha & Others           ....             Opposite Parties
                              Mr. Ramanath Acharaya, Standing Counsel for
                                                School & Mass Education

                         CORAM:
                        JUSTICE M.S. RAMAN

                                           ORDER

28.10.2022 Order No.

07. 1. Mr. J. Biswal, proxy counsel appearing on behalf of Mr. RP Dalai, counsel for the Petitioners submitted that the benefit of Resolution of Government of Odisha in Housing & Urban Development Department has been directed to be extended with effect from 28th February, 2004. Accordingly, certain number of Petitioners approached this Court for regularization of their service from the initial date of joining. This Court in the case of Harapriya Patra Vrs. State of Odisha & Others in WPC(OAC) No. 2709 of 2016 vide Judgment dated 25th August, 2022 held that the teachers working under the urban local bodies are entitled to be regularized with effect from 28th February, 2004. Taking cue from the said Judgment, Mr. Biswal, counsel submitted that since the present // 2 //

Petitioners got retired on superannuation prior to 2014 they should not have been deprived of such benefit due to delay in implementing the terms and resolution of 2004.

2. At this stage, Mr. Ramanath Acharaya, Standing Counsel for School and Mass Education prayed for four weeks time to examine the issue with reference to the aforesaid judgment dated 25th August, 2022 and if necessary he would file counter in this matter.

3. List on 25th November, 2022

(M.S. Raman) Judge

Laxmikant