Dismissed
Jaya Krushna Sahoo v. State of Orissa
Orissa HCWP(C)/115/2016
Case brief
from the order text
What is this about?
OF 2016 07.01.2016 Heard Mr. D.K. Mohapatra…
What the court decided
AI extract
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W.P.(C) NO. 112 OF 2016
07.01.2016 Heard Mr. D.K. Mohapatra, learned counsel for the petitioner and Mr. A.K. Mish
ra, learned Addl. Government Advocate for the State.
The petitioner files this application seeking for a direction to opposite part
ies to approve his appointment and release grant-in-aid in his favour in accordance with the g
rant-in-aid order, 1994.
Mr. D.K. Mohapatra, learned counsel for the petitioner submits that the grieva
nce of the petitioner is squarely covered by the ratio of the decision of this Court in the ca
se of Prafulla Kumar Sahoo Vrs. State of Orissa and others reported in 2003(I) OLR 91, which h
as been confirmed by the Apex Court in Civil Appeal No.4389 of 2006 and Chitaranjan Mohapatra
and others v. State of Orissa and others in W.P.(C) No.2617 of 2005 decided on 12.1.2011,
Mr. A.K. Mishra, learned Addl. Government Advocate for the State submits that
the relief sought for by the petitioner in view of the judgment passed in Prafulla Kumar Sahoo
(supra) and Chitaranjan Mohapatra and others (supra) is not applicable to the present case.
In view of the aforesaid limited nature of grievance, without expressing any o
pinion on the merits of the case, this Court disposes of the writ petition with a direction to
opposite party no.1 to take a decision on the representation filed by the petitioner as at An
nexure-4 within a period of three months from the date of communication of this order keeping
in view the ratio of the judgment passed by this Court in the aforesaid case referred to supra
.
Requisites for communication of this order and authenticated Xerox copy of the decisio
n of this Court in the case of Prafulla Kumar Sahoo (supra) and Chittaranjan Mohapatra (supra)
to opposite party no.1 shall be filed by Monday(11.01.2016), who shall act upon the same.
Issue urgent certified copy of this order on proper application.
Dr. B.R. Sarangi, J.
1 issue framed by the court
Whether the opposite party should approve the petitioner's appointment and release the grant-in-aid as per the 1994 order.
Colour shows how this judgement treated each authority
Prafulla Kumar Sahoo Vrs. State of OrissaReferred¶3
Prafulla Kumar Sahoo Vrs. State of Orissa and others reported in 2003(I) OLR 91
Chitaranjan Mohapatra and others v. State of OrissaReferred¶3
Chitaranjan Mohapatra and others v. State of Orissa and others in W.P.(C) No.2617 of 2005
The Petitioner
Opposite Party No. 1
Dr. B.R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court