Bhanu Chandra Behera vs State Of Odisha & Others
2023 Latest Caselaw 11391 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No.17529 of 2008

                  Bhanu Chandra Behera                ....          Petitioner

                              Mr. S.K. Pattanaik, Sr. Advocate instructed
                                          by Mr.P.K. Pattanaik, Advocate
                                         -versus-
                  State of Odisha & Others         ....      Opp. Parties

                                          Mr. Bibhu Prasad Tripathy, AGA
                                                          (for O.Ps.1 & 6)
                                         Mr. Satyabrata Udgata, Advocate
                                                           (for O.Ps.4 & 5)
                                                 Opposite Party No.2-None

                                 CORAM:
                                 JUSTICE M.S. SAHOO

                                        ORDER

18.09.2023 Order No. Hybrid Mode

32. 1. Learned Senior Counsel appearing for the petitioner refers to the earlier order passed by a Co-ordinate Bench of this Court dated 05.03.2021, wherein it has been observed as follows:

"...Learned counsel for the petitioner relying on the judgment of the apex Court in P.S. Ramamohana Rao v. A.P. Agricultural University, AIR 1997 SC 3433, stated that the Physical Education Teachers are the teachers and they cannot come under the non- teaching staff.

Mr. D.Pati, learned counsel for opposite parties no.2 & 5 contended that in view of First Statutes- 2010, Physical Education Teachers are not non- teaching staff and they are coming under the category of teaching staff.

Put up this matter after one week."

2. Mr. Satyabrata Udgata, learned counsel appearing for opposite party nos.4 & 5 submits that after

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unfortunate demise of the earlier counsel, who was appearing for opposite parties 2, 4 & 5, they are appearing only for opposite party nos.4 & 5, i.e. Veer Surendra Sai University of Technology, Burla by filing Vakalatnama on 27.03.2023 and he has no instruction to appear on behalf of opposite party no.2.

Since at present no one is appearing for opposite party no.2-Sambalpur University, let notice be issued afresh to opposite party no.2 by Registered Post with A.D., for which requisites shall be filed within five working days. The notice is made returnable by 01.11.2023.

3. Mr. Udgata, learned counsel for opposite party nos.4 & 5 submits that he has not obtained instruction in terms of the earlier order dated 05.03.2021 and may be accommodated to obtain instruction from opposite party nos.4 & 5.

Prayer is allowed.

4. As prayed for, list on 09.11.2023.

                                                                (M.S. Sahoo)
         jyostna                                                  Judge




Signature Not Verified
Digitally Signed
Signed by: JYOSTNARANI MAJHEE
Reason: Authentication
Location: OHC
Date: 22-Sep-2023 17:10:22