Shantilata Mohanty & vs State Of Odisha & Others
2023 Latest Caselaw 13924 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                      W.P.(C) No.35986 of 2023

         Shantilata Mohanty &                ....    Petitioners
         Others                                    Mr. S. Mishra, Adv.



                                -versus-

         State of Odisha & Others            ....   Opposite Parties
                                                  Mr. M.K. Balabantaray, AGA



                           COROM:
                JUSTICE BIRAJA PRASANNA SATAPATHY

                                   ORDER

08.11.2023 Order No

01. 1. This matter is taken up through Hybrid Mode.

2. Heard learned counsel for the Petitioners and learned counsel for the State- Opposite Party.

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

" In the above facts and circumstances, the petitioners humbly pray that this Hon'ble Court may be graciously pleased to issue a writ/writs in the nature of writ of Mandamus directing the Opposite Parties to extend the benefits of the Judgment dtd.11.11.2022 passed in W.P.(C) No.15345 of 2022 i.e. to regularize their services as Level-V Asst. Primary School Teacher, in accordance with the Notification No.14467-XIII-SME-AE- 06/2016/SME dtd.25.07.2016 and the Notification No.25290-XIII-SME-AE- 06/2016/S&ME dtd.22.12.2016 issued by the Department of School & Mass Education, Govt. of Odisha, with effect from the date of their eligibility notionally, without any discrimination within a stipulated time.

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And further be pleased to direct the opposite parties to release the differential arrear salaries with effect from the date of regularization, along with other retiral benefits within a stipulated time".

4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioners to make detailed representations before Opposite Party No.3 by enclosing all the relevant documents and citations in support of their claim, if any, within a period of three (3) weeks hence.

5. It is observed that if such representations are filed within the aforesaid period, Opposite Party No.3 shall do well to take a lawful decision on the same within a period of 3 (three) months from the date of receipt of such representations. The orders so passed by Opposite Party No.3 be communicated to the Petitioners.

6. With the aforesaid observations and directions, the Writ Petition is disposed of.

(Biraja Prasanna Satapathy) Judge Subrat

Signature Not Verified Digitally Signed Signed by: SUBRAT KUMAR BARIK Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 11-Nov-2023 11:35:13