Orissa High Court

Nilamani Peroy vs State Of Odisha And on 6 May, 2024

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                        W.P.(C) No.10924 of 2024

        Nilamani Peroy                    ....                   Petitioner
                                                   Mr. U. Sahoo, Advocate

                                       -versus-
        State of Odisha and
        Others                            ....               Opposite Parties
                                                              State Counsel
                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY
                                         ORDER

06.05.2024 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: -

"In the above facts and circumstances this petitioner therefore humbly prays that:-

i) Your lordships may graciously be pleased to issue notices, call for the records and after hearing the parties, also be pleased to issue a writ of mandamus or a writ in nature of mandamus or any other appropriate writ/writs/order/orders commanding to the Opp. Parties for regularization of petitioner's service as Level-V Asst. Primary School Teacher in accordance with the Gazette Notification No.25290-XIII-SME-AE-06/2016/S & M.E. 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 dated 11.11.2022 passed in W.P.(C) // 2 //

No.13545/2022 (Balabhadra Majhi v. State of Odisha and Ors) with effect from the date of his eligibility within a time limit, as the Hon'ble Court deems fit and proper in the interest of justice.

ii) May also graciously be pleased to pass an ORDER commanding to the Opp.

Parties to allow his differential arrear salaries with effect from the date of her regularization and other consequential service benefits accordingly within a time limit as the Hon'ble High Court deems fit and proper in the interest of justice."

4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a detailed representation before Opp. Party No.2 by enclosing all the relevant documents and citations in support of his 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)

of order Location: High Court of Orissa, Cuttack