Manoj Kumar Panda vs State Of Odisha & Others .... Opposite ...
2023 Latest Caselaw 15158 Ori

Orissa High Court

Manoj Kumar Panda vs State Of Odisha & Others .... Opposite ... on 28 November, 2023

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.(C) No.35125 of 2023

         Manoj Kumar Panda               ....   Petitioner
                                              Mr.D.K. Sahu, Adv.



                                        -versus-

         State of Odisha & Others        ....   Opposite Parties
                                              State Counsel



                            COROM:
                 JUSTICE BIRAJA PRASANNA SATAPATHY

                                 ORDER

28.11.2023

I.A No.18354 of 2023 Order No

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

2. This application has been filed by the petitioner for correction and modification of order dated 06.11.2023.

3. Heard.

4. Considering the averments made in the application itself, the order dated 06.11.2023 is recalled and fresh order is passed in W.P.(C) No.35125 of 2023.

5. The Interlocutory Application stands disposed of.

(Biraja Prasanna Satapathy) Judge

P.T.O // 2 //

ORDER 28.11.2023

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

2. Heard learned counsel for Petitioner and learned counsel for the State-Opposite Parties.

3. The present Writ Petition has been filed inter alia with the following prayer:-

" In the therefore prays that this Hon'ble Court may be graciously pleased to issue a rule NISI calling upon the opposite parties as to why petitioner shall not extend the benefit of the Judgment dtd.05.03.2020 passed in W.P.(C) No.31679 of 2011 i.e. to absorb the petitioners as regular teacher w.e.f. his date of engagement i.e. dtd.28.06.2008 pursuant to resolution dtd.16.02.2008 and to extend all the benefits of regular teacher after three years of completion of Service as Junior Teacher and thereafter Regular Teacher after three years and to give all the benefits as admissible to regular teacher in the light judgment of Dhanjaya Charan Dey-Ves-State of Orissa, within a stipulated time. If the opposite party fail to file show cause or show in sufficient cause that said rule be made absolute and issue a Writ in the nature of Writ of Mandamus or any other appropriate Writ directing the Opposite Parties to absorb the petitioners as regular teacher w.e.f. his date of engagement i.e. dtd.28.06.2008, pursuant to resolution dated.16.02.2008 and to extend all the benefits of regular teacher after three years of completion of Service as Junior Teacher and thereafter Regular Teacher after three years and to give all the benefits as admissible to regular teacher in the light judgment of Dhanjaya Charan Dey-ves-State of Orissa, within a stipulated time".

4. In course of hearing, learned counsel for the Petitioner states that highlighting his grievance, Petitioner has made representation to Opposite Party No.1 vide Annexure-6 and the same may be directed to be considered within a stipulated time, to which learned Counsel for the State has no objection.

// 3 //

5. As agreed by learned counsel for the parties and after going through the records, this Court, without expressing any opinion on the merits of the case, disposes of the Writ Petition directing Opposite Party No.1 to consider the representation filed by the petitioner vide Annexure-6, and pass appropriate order in accordance with law within a period of three (3) months from the date of production of certified copy of this order.

Issue urgent certified copy as per Rules.

(Biraja Prasanna Satapathy) Judge Subrat

Location: HIGH COURT OF ORISSA, CUTTACK