Citation : 2023 Latest Caselaw 13143 Ori
Judgement Date : 19 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.34618 of 2023
Gitarani Senapati .... Petitioner
Mr. M.K. Sahoo, Advocate
-versus-
State of Odisha & Ors. .... Opposite Parties
Mr. S.K. Samal, AGA
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
19.10.2023 Order No
01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel for the Petitioner and learned counsel for the Opposite Parties.
3. The Petitioner has filed the present Writ Petition with the following prayer:-
"Under the above facts and circumstances of the case, it is humbly prayed that this Hon'ble High Court be pleased to allow this writ application by granting following reliefs:-
(a) A writ of mandamus or an appropriate writ may be issued directing the Opp. Parties to extend the service benefit of the judgment dtd.05.03.2020 passed in W.P.(C) No. 31679/2011 confirmed in W.A. No.10/2021 vide order dtd.2.2.22021 and further attended finality vide order dtd.25.1.2023 passed in SLP (Civil) No. 13627/2021 by the Hon'ble Apex Court, in absorbing the petitioner as Sikhya Sahayak w.e.f.02.06.2008 pursuant to Resolution dtd.16.02.2008 and to extend all benefits of regularization of service as Jr. Teacher w.e.f.02.06.2011 and as Regular Teacher w.e.f.02.06.2014 and to grant all other // 2 //
benefits as admissible to the post of Sikhya Sahayak within a stipulated time.
(b) Any other order/orders or direction/directions may be issued so as to give complete relief to the petitioner in the given facts and circumstances of the case as this Hon'ble High Court deem fit and proper.
And for this act of kindness, the petitioner shall as in duty bound to ever pray."
4. Learned counsel for the Petitioner submits that through highlighting her grievances, the Petitioner has filed a representation at Annexure-5 to the Writ Petition before the O.P. No. 2, but till date nothing has been done in the matter. In such background, learned counsel for the Petitioner prays that a direction be issued to Opposite Party No. 2 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. 2 to take a decision on the above noted petition in accordance with law within a period of three (3) months from the date of receipt of this order and communicate the result of such exercise to the Petitioner.
6. The Writ Petition is disposed of accordingly.
(Biraja Prasanna Satapathy) Judge Signature Not Verified Sneha Digitally Signed Signed by: SNEHANJALI PARIDA Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-Oct-2023 16:42:36
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