Kaushalya Mohanty And vs State Of Odisha And
2023 Latest Caselaw 13588 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.(C) No.34763 of 2023

        Kaushalya Mohanty and
        Others                                ....                      Petitioners
                                                           Mr. P. Panda, Advocate

                                          -versus-
        State of Odisha and
        Others                                ....                  Opposite Parties
                                                                     State Counsel

                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                            ORDER

02.11.2023 Order No.

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

2. Heard learned counsel for the parties.

3. The Petitioners have filed the present Writ Petition with the following prayer: -

<It is therefore, most humbly prayed that this Hon'ble Court may graciously pleased to :-

i) Admit the writ application.

ii) Call for the records.

iii) Issue rule Nisi calling upon the Opp. Parties to show cause as to why the petitioners shall not be considered to avail the benefit of Sikshya Sahayak pursuant to the Resolution dtd. 16.02.2008 & career advance policy dtd. 01.08.2011, failing to show cause or showing insufficient cause/ no cause, issue the writ of mandamus directing the Opp. Party No.1 to consider the case of the petitioner in the light of the // 2 //

judgment dated 05.03.2020 in the case of Dhananjay Charan Dey and Others vrs. State of Odisha and others in W.P.(C) No.31679 of 2011 which is upheld in the Hon'ble Apex Court vide order under Annexure-8, extending the all consequential service benefits and retiral benefits pursuant to the career advancement policy dated 01.08.2011 regularizing the petitioner with effect from 03.05.2014, the date on which 6 years of service completed.=

4. Learned counsel for the Petitioners submits that through highlighting their grievances, the petitioners have filed a representation vide Annexure-9 to the Writ Petition, but till date nothing has been done in the matter. In such background, they pray 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 petitioners.

6. The Writ Petition is disposed of accordingly.

(Biraja Prasanna Satapathy) Judge

Basudev

Digitally Signed Signed by: BASUDEV SWAIN Designation: Senior Stenographer Reason: Authentication of order Location: High Court of Orissa, Cuttack Date: 03-Nov-2023 18:16:28