Koushalya Behera vs State Of Odisha & Others .... Opposite ...
2024 Latest Caselaw 10105 Ori

Orissa High Court

Koushalya Behera vs State Of Odisha & Others .... Opposite ... on 18 June, 2024

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                         W.P.(C) No.13359 of 2024

        Koushalya Behera                      ....                           Petitioner
                                                            Mr. U. Sahoo, Adv.


                                        -versus-

        State of Odisha & Others              ....            Opposite Parties
                                                      Mr. M.K. Balabantaray, AGA

                            COROM:
              JUSTICE BIRAJA PRASANNA SATAPATHY


                                      ORDER

18.06.2024 Order No

1. 1. This matter is taken up through Hybrid 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:-

" Issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ/direction commanding to the Opposite parties for regularization of petitioner's service as Level-V Asst. Primary School Techer in accordance with the Gazettee Notification NO.25290-XIII-SME-AE- 06/2016/S & ME dated 22.12.2016 issued by the Department of School and Mass Education, Govt. of Odisha and the Hon'ble Orissa High Court's judgment dtd.11.11.2022 passed in WP(C ) No.15345/2022 (Balabhadra Majhi v. State of Odisha and Others) with effect from the date of her eligibility within a time limit, as the Hon'ble Court deems fit and proper in the interest of justice;

May also graciously be pleased to pass an ORDER commanding to the Opposite parties to allow her differential arrear salaries with effect from the date of her regularization and other consequential service benefits accordingly within time limit as the Hon'ble High Court deems fit and proper in the interest of justice;

// 2 //

Such other relief or reliefs as this Hon'ble Court deems just and proper in the facts and circumstances of the case may also be granted.

4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a fresh representation before Opp. Party No.2 by enclosing all the relevant documents and citations in support of her claim, if any, within a period three weeks hence.

5. It is observed that if such a representation is filed within the aforesaid period, Opp. Party No.2 shall do well to take a lawful decision on the same within a period of three months from the date of receipt of such representation. The order so passed by the Opp. Party No.2 be communicated to the petitioner.

6. With the aforesaid observation and direction, the Writ Petition is disposed of.

(Biraja Prasanna Satapathy) Judge sangita

Reason: authentication of order Location: orissa high court cuttack Date: 19-Jun-2024 11:09:00