Shiba Prasad Das vs State Of Odisha & Ors
2023 Latest Caselaw 12540 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                             FAO No.296 of 2011

        Shiba Prasad Das                    ....               Appellant
                                                       Mr. S.K. Das, Advocate

                                            -versus-

        State of Odisha & Ors.              ....               Respondents
                                                        Mr. B.P. Tripathy, AGA
                                                        Mr. D. Samal, Advocate
                                                         (Respondent No. 4)


                            CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                     ORDER

12.10.2023 Order No

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

2. Heard Mr. S.K. Das, learned counsel for the Appellant, Mr. B.P. Tripathy, learned Addl. Govt. Advocate appearing for the State and Mr. D. Samal, learned counsel appearing for the Respondent No. 4. In spite of due service of notice, nobody has entered appearance for Respondent No. 5.

3. This appeal has been filed challenging the Judgment dtd.04.06.2011 so passed by the State Education Tribunal in GIA Case No. 347 of 2009.

4. The Petitioner had approached the Tribunal in GIA Case No. 347 of 2009 seeking a direction on the State-Respondent to approve his service as against the 3rd post of Peon by setting aside the order of // 2 //

approval issued against Respondent No. 5 as against the said post. But the said prayer when was rejected vide the impugned Judgment, the present appeal has been filed.

5. In course of hearing, learned counsel appearing for the Respondent No. 4 made his submission basing on the stand taken in the counter affidavit so filed before this Court. In Para 5 of the said counter, Respondent No. 4 has clearly indicated that Respondent No. 5 has since resigned from his service on 05.01.2011 on medical ground.

6. Since the claim made by the Appellant against the 3rd post of Peon was with regard to approval of the services of Respondent No. 5 as against the said post and as contended by the Respondent No. 4, Respondent No. 5 since has resigned from his service on 05.01.2011, this Court in view of such fact, which was never brought to the notice of the Tribunal, is inclined to quash the Judgment dtd.04.06.2011. While quashing the same, this Court remits the matter to the Tribunal to take a fresh decision on the claim of the Appellant. Such a fresh decision shall be taken within a period of three (3) months from the date of receipt of this order. Appellant is directed to produce a copy of this order along with a petition for taking further action by the Tribunal.

7. The appeal is accordingly disposed of.

(Biraja Prasanna Satapathy) Signature Not Verified Judge Digitally Signed Signed by: SNEHANJALI PARIDA Designation: Jr. Stenographer Reason: Authentication Sneha Location: High Court of Orissa, Cuttack Date: 13-Oct-2023 11:57:34