Ashalata Samal & Ors vs Director Of Elementary Education
2023 Latest Caselaw 1650 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                        WPC(OAPPC) NO.452 OF 2016

        Ashalata Samal & ors.                    ....           Petitioners

                                                      Mr.G.N.Devdas, Adv.

                                    -versus-

        Director of Elementary Education         ....      Opposite Parties
        & ors.
                                                            Mr.N.Jena, SC

                  CORAM:
                  JUSTICE BISWANATH RATH

                                   ORDER

Order                              21.2.2023
No.
  2.    1.      Heard learned counsel for the Parties.

2. Considering the rival contentions of the Parties, this Court

finds, on the selfsame issue, there has been disposal of O.A. No.

3397(C) of 2016 being transferred to this Court, vide WPC(OAC)

Nos.3397, 3391, 3394, 3395 & 3396 of 2016 by a coordinate Bench

of this Court vide order dated 24.8.2022 following the decision of

the Division Bench of this Court in W.P.(C) Nos.7281/2018 and

4848 of 2021 filed by the State Authority in challenging the same

order of the Tribunal. This Court finds, the judgments cited have

clear application to the case at hand.

3. In the process, this Court sets aside the impugned order and

directs the O.Ps. to take action as appropriate but in terms of the

// 2 //

direction issued in W.P.(C) Nos.7281/2018 and 4848 of 2021 on

24.6.2022. The Petitioner is directed to supply copy of this order

along with certified copy of the judgment of the Division Bench of

this Court at least within a period of ten days. The Competent

Authority shall discharge its responsibility to at least within a further

period of one month from the date of communication of this order.

4. The Writ Petition stands disposed of accordingly.

(Biswanath Rath) Judge

M.K.Rout