Bholanath Mishra vs State Of Odisha & Others
2023 Latest Caselaw 3891 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                       W.P.(C) No.10616 of 2023

        Bholanath Mishra                ....   Petitioner
                                             Mr. S. Samal, Adv.
                                        -versus-

          State of Odisha & Others         ....     Opposite Parties
                                                  Mr. R.N. Mishra, A.G.A

                           CORAM:
              JUSTICE BIRAJA PRASANNA SATAPATHY

                                 ORDER

20.04.2023 Order No

02. I.A. No.5668 of 2023

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard.

3. Considering the prayer made, the order dated 11.04.2023 is hereby recalled subject to payment of cost of Rs.500/- to be paid to the High Court Bar Association Welfare Fund.

4. The I.A is disposed of.

(Biraja Prasanna Satapathy) Judge

03. W.P.(C) No.10616 of 2023

1. Heard learned counsel for the Parties.

2. Learned counsel for both the parties agreed that the issue involved in this writ petition is analogues to // 2 //

one involved in O.A. No. 1668 of 2017 (Ashok Kumar Mohapatra v. State of Orissa), which was disposed of by the Odisha Administrative Tribunal vide judgment dated 09.10.2018 and confirmed by this Court in WP(C) No. 6698 of 2020 and further confirmed by the apex Court in SLP(C) No. 15573 of 2020.

3. In view of the above and considering the limited prayer to consider the case of the petitioner in the light of the judgment rendered in Ashok Kumar Mohapatra (supra), this writ petition stands disposed of directing the competent authority to dispose of the case of the petitioner applying the decision rendered in the case of Ashok Kumar Mohapatra (supra) by undertaking the entire exercise within a period of two months from the date of communication of the order.

4. Petitioner is directed to serve an extra copy of the brief on learned Standing Counsel for School & Mass Education Department for communication purpose.

(Biraja Prasanna Satapathy) Judge

sangita