Citation : 2023 Latest Caselaw 7025 Ori
Judgement Date : 21 June, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.15089 of 2023
Sridhar Bhuyan .... Petitioner
Mr. K.K. Swain, Advocate
-versus-
State of Odisha and
Others .... Opposite Parties
Mr. R.N. Mishra, AGA
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
21.06.2023 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: -
<Under the above circumstances, it is humbly prayed that the writ petition may be allowed;
(A) a writ of mandamus or an appropriate writ may be issued quashing the impugned office order dated 06.01.2022 issued by the Government of Odisha in School and Mass Education Department, Bhubaneswar under Annexure-4 so far as the clause that the adjustment shall be prospective in nature and further the order dated 27.03.2022 passed by the District Education Officer, Jajpur under Annexure-5 so far as the petitioner is concerned may be quashed/modified by antedating the approval of the appointment of the petitioner at least from the date of his joining 12.01.1987 or at least from the date of judgment of the Hon'ble Apex Court rendered in the // 2 //
case of State of Odisha and others Vs. Rajendra Kumar Das and another (Civil Appeal No.6844 of 2003 disposed of on 29.08.2003) and the arrear salary of the petitioner for the said period may be calculated and may be paid to him within a time to be stipulated by this Hon'ble Court..=
4. Learned counsel for the Petitioner submits that through highlighting his grievances, the petitioner has filed a representation vide Annexure-6 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
Signature Not Verified Digitally Signed Signed by: BASUDEV SWAIN Designation: Jr. Stenographer Reason: Authentication of Order Location: High Court of Orissa, Cuttack Date: 22-Jun-2023 16:54:17
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