Karunakar Behera vs State Of Odisha And
2023 Latest Caselaw 10836 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.(C) No.17527 of 2023

        Karunakar Behera                     ....                    Petitioner
                                                       Mr. J. Gupta, Advocate

                                          -versus-
        State of Odisha and
        Others                               ....               Opposite Parties
                                                                 State Counsel

                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                            ORDER

04.09.2023 Order No.

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

2. Heard learned counsel for the parties.

3. The Petitioner has filed the present Writ Petition with the following prayer: -

<The petitioner therefore humble prays that the Hon'ble Court may be graciously pleased to admit this writ application, issue notice to opposite parties for show cause and after hearing both the sides may be pleased to issue a writ in the nature of mandamus/certiorari by directing the Opp. Parties particularly to O.P. No.1 to regularize the post of the petitioner as regular teacher we.f. 01.07.2014 after completion of 6 years of service as Gana Sikhyak instead of 25.09.2017 as per Resolution dated 04.12.2013 of S & ME Department and to release all benefits as admissible as to that post with Modification of Resolution dated 25.09.2017 vide Annexure-4 on the basis of the judgment dated 05.03.2020 of Hon'ble High Court of Orissa cited in Vol. 2020 (II) OLR-706 vide Annexure-5 as well as the // 2 //

judgment of Hon'ble Apex Court vide Annexure-6 and then to take necessary steps for disbursement of the differential arrear salary w.e.f. 01.07.2014 to 14.09.2017 with all increments with cost.

Further be pleased to direct the O.P. No.1-i.e. Commissioner-cum-Secretary, School & Mass Education, Odisha, Bhubaneswar to disburse the differential arrear salary w.e.f. 01.07.2014 with all increments within a stipulated period.=

4. Learned counsel for the Petitioner submits that through highlighting his grievances, the petitioner has filed a representation vide Annexure-7 to the Writ Petition, but till date nothing has been done in the matter. In such background, he prays that a direction be issued to opposite party No.1 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.1 to take a decision on the above noted petition in accordance with law taking into account Annexures-3 & 5, within a period of three months from the date of production of certified copy 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

Basudev

Signature Not Verified Digitally Signed Signed by: BASUDEV SWAIN Reason: Authentication of order Location: High Court of Orissa, Cuttack Date: 04-Sep-2023 19:08:01