Orissa High Court
Sadhu Sudan Apat vs State Of Odisha And on 7 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.8458 of 2023
Sadhu Sudan Apat .... Petitioner
Mr. D.K. Sahu, Advocate
-versus-
State of Odisha and
Others .... Opposite Parties
State Counsel
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
07.08.2023
Order No.
01. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel for the parties.
3. The Petitioner has filed the present Writ Petition
with the following prayer: -
<It is therefore prays that this Hon'ble
Court may be graciously pleased to issue a
rule NISI calling upon the opposite parties
as to why petitioner shall not extend the
benefits of the Judgment dated 05.03.2020
passed in W.P.(C) No.31679 of 2011 i.e. to
absorb the petitioners as regular teacher
w.e.f. his date of engagement i.e. dtd.
28.06.2008 pursuant to resolution dtd.
16.02.2008 and to extend all the benefits of
regular teacher after three years of
completion of Service as Junior Teacher and
thereafter Regular Teacher after three years
and to give all the benefits as admissible to
regular teacher in the light judgment of
Dhananjaya Charan Dey -vrs-State of
Orissa, within a stipulated time. If the
opposite party fail to file show cause or
show insufficient cause the said rule be
// 2 //
made absolute and issue a writ in the
nature of Writ of Mandamus or any other
appropriate writ directing the opposite
parties to absorb the petitioners as regular
teacher w.e.f. his date of engagement i.e.
dtd. 28.06.2008, pursuant to resolution
dated 16.02.2008 and to extend all the
benefits of regular teacher after three years
of completion of Service as Junior Teacher
and thereafter Regular Teacher after three
years and to give all the benefits as
admissible to regular teacher in the light
judgment of Dhananjaya Charan Dey -Vrs-
State of Orissa, within a stipulated time.=
4. Learned counsel for the Petitioner submits that
through highlighting his grievances, the petitioner has
filed a representation vide Annexure-7 to the Writ
Petition, but till date nothing has been done in the
matter. In such background, he prays that a direction
be issued to opposite party No.1 to take a decision on
the above noted petition within a specific time period.
5. Considering the submissions made and without
expressing any opinion on the merits of the case, this
Court directs opposite party No.1 to take a decision on
the above noted petition in accordance with law, within
a period of three months from the date of production of
certified copy of this order and communicate the result
of such exercise to the petitioner.
6. The Writ Petition is disposed of accordingly.
(Biraja Prasanna Satapathy)
Judge
Basudev
Digitally Signed
Signed by: BASUDEV SWAIN
Reason: Authentication of order
Location: High Court of Orissa, Cuttack
Date: 10-Aug-2023 18:15:36
