Sachindra Kumar Routray vs State Of Odisha And
2023 Latest Caselaw 14667 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.(C) No.17163 of 2017

        Sachindra Kumar Routray          ....                     Petitioner
                                                      Mr. D. Ray, Advocate

                                      -versus-
        State of Odisha and
        Others                           ....             Opposite Parties
                                                      Mr. S.K. Samal, AGA

                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                        ORDER

15.11.2023 Order No.

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

2. Heard Mr. D. Ray, learned counsel appearing for the Petitioner and Mr. S.K. Samal, learned Addl. Govt. Advocate for the State-Opposite Parties.

3. Petitioner has filed the present Writ Petition inter alia challenging the order dated 09.10.2015 so passed by the Opp. Party No.1 under Annexure-5.

4. It is contended that seeking approval of his services against 3rd post of Lecturer in Political Science in Baula College, Soso, petitioner approached this Court in W.P.(C) No.16894 of 2014. This Court vide order dated 05.09.2014 when directed the Opp. Party No.1 to take a decision on the petitioner's claim, the same was not considered on the ground that the claim of the lecturers holding the 1st and 2nd post of Lecturer in Political // 2 //

Science of the College is pending adjudication before this Court in FAO No.474 of 2011.

4.1. Learned counsel for the Petitioner contended that the FAO in question has already been disposed of by this Court vide judgment dated 18.04.2023. It is contended that since the FAO has already been disposed of and one of the claimant holding the 1st post of Lecturer has already retired in the meantime, the petitioner can be considered as against the 2nd post of lecturer in Political Science. It is accordingly contended that the matter be remitted to Opp. Party No.1 to take a fresh decision in view of the disposal of FAO No.474 of 2011.

5. Learned Addl. Govt. Advocate has no serious objection to the course of action proposed by the learned counsel for the petitioner.

6. Having heard learned counsel for the parties and considering the fact that FAO No.474 of 2011 has already been disposed of by this Court on 18.04.2023, this Court while quashing the order dated 09.10.2015 remits the same to Opp. Party No.1 to take a fresh decision on the petitioner's claim, within a period of 2 (two) months from the date of receipt of this order.

7. The Writ Petition is disposed of.

(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: 16-Nov-2023 12:25:16