Sankhali Behera vs State Of Odisha & Anr
2023 Latest Caselaw 8424 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.C. No. 2839 of 2014

            Sankhali Behera                       ...                     Petitioner

                                                   Mr. D.K.Mohapatra, Advocate

                                             -Versus -
            State of Odisha & Anr              ....               Opposite Parties
                                               Additional Standing Counsel
                       CORAM:
                         JUSTICE SASHIKANTA MISHRA

                                       ORDER

02.08.2023 I.A. No. 6312 of 2023

Order No.

02.

1. This matter is taken up through hybrid mode.

2. This application has been filed for modification of judgment passed by this Court on 11.04.2023 in the above writ application.

3. It is submitted that the date of retirement of the petitioner is 31.05.2023 and the judgment was passed by this Court on 11.04.2023 wherein under paragraph 20 it has been mentioned that the petitioner has superannuated in the meantime. Further, the date of retirement of opposite party No. 5 is 30.04.2024 but in the same paragraph, it has been mentioned that Opposite Party No. 5 has retired in the meantime.

3. Mr. S.Pattnaik, learned State counsel has obtained instructions from the District Education Officer, Bolangir which

supports the above contention raised by the petitioner.

4. In such view of the matter, the prayer for modification is allowed in the following manner:

In 6th line of Paragraph 20 of the judgment dated 11.04.2023 instead of the words, "the petitioner has already attained the age of superannuation", the words " since the petitioner is due to attain the age of superannuation on 31.05.2023", be substituted. Further in the same paragraph in 11th line the words, "he too has retired in the meantime", be deleted.

5. Office is directed to carry out the corrections.

6. I.A. is disposed of.

(Sashikanta Mishra) Judge Deepak

Signature Not Verified Digitally Signed Signed by: DEEPAK PARIDA Reason: Authentication Location: OHC, Cuttack