Bijay Kumar Naik vs State Of Odisha And
2024 Latest Caselaw 16323 Ori

Orissa High Court

Bijay Kumar Naik vs State Of Odisha And on 6 November, 2024

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                       W.P.(C) No.21585 of 2016


        Bijay Kumar Naik                     ....                  Petitioner
                                                   Mr. J.K. Lenka, Advocate
                                        -versus-
        State of Odisha and
        Others                               ....             Opposite Parties
                                                         Mr. A. Tripathy, AGA

                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY
                                        ORDER

06.11.2024 Order No.

03. 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: -

"It is therefore, humbly prayed that your Lordships may graciously be pleased to consider the facts stated in the petition, admit the same, issue rule Nisi calling upon the opposite parties to show and on perusal of the causes shown, make the said Rule absolute and be further pleased to:

(i) Issue a writ of certiorari or any other writ or order to quash sub-section (4-

a) of Section-7-C of Orissa Education Act, 1969 to the extent it requires to exclude 5 years service rendered by a College teacher against an approved post for consideration of Grant-in-aid to be borne by State Government, as illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India.

(ii) Issue a writ of mandamus or any other appropriate writ or order directing the Opp. Parties to consider // 2 //

the case of the petitioner for appointment to the grade of Reader w.e.f. 02.11.92 in terms of Resolution No.9491/EYS dated 19.3.90, Annexure-4, as amended under Annexure-7 and 8."

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.1 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.1 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.1 be communicated to the petitioner. It is further observed that while considering the claim of the petitioner relevancy and effect of judgment dated 17.05.2024, so passed by this Court in W.P.(C) No.16151 of 2019 be taken into consideration, if it is applicable to the facts of the petitioner's claim.

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

(Biraja Prasanna Satapathy) Judge

Basudev

Location: High Court of Orissa, Cuttack