Dismissed

Namita Swain v. State of Odisha

Orissa HC9 Sept 2016WP(C)/14289/2016

Case brief

AI extract

What is this about?

The court held that the petitioner's prevented duty since 2010 amounted to termination of service. It refused to entertain the application directing duty allowance or salary, dismissing the petition while preserving liberty to approach the appropriate forum.

What did the court decide?

The writ petition was dismissed. No direction to allow duty or release salary was granted. Liberty granted to approach appropriate forum.

Namita Swain Vs State of Odisha — Education and Admissions | Orissa HC (2016)

¶1

W.P.(C) No. 14289 of 2016

¶2

09.09.2016 Heard Mr. S.B. Mohanty, learned counsel for the petitioner and Mr. A.K. Pandey, learn
ed Addl. Standing Counsel for School and Mass Education Department.

¶3

 The petitioner files this application seeking for a direction to the opposite party n
o.3-District Education Officer, Jharsuguda to allow her to discharge duty in her former post o
f Asst. T.G. Teacher in Bandhabahal High School and also release the regular salary against th
e said post.

¶4

 Mr. S.B. Mohanty, learned counsel for the petitioner states that the opposite parties
 may be directed to allow the petitioner to discharge her duty and also release her regular sa
lary as admissible to the said post.

¶5

 Mr. A.K. Pandey, learned Addl. Standing Counsel for School and Mass Education Departm
ent states that it has been specifically stated in the representation vide Annexure-9 that th
e petitioner was prevented to discharge her duty and also signing of the attendance register s
ince 2010. Thereby, she having been dismissed from service, this Court may not direct the oppo
site parties to allow her to continue in the school in question.

¶6

 Considering the contention raised by learned counsel for the parties and after going
through the records, since the petitioner was prevented to discharge her duty and also signing
 the attendance register w.e.f. 2010, that amounts to termination of service. If that be so, r
emedy lies to approach the appropriate forum as per the provisions contained under the Orissa
Education Act.

¶7

 In that view of the matter, this Court is not inclined to entertain this application.
 However, liberty is granted to the petitioner to approach the appropriate forum in accordance
 with law, if she is so advised.

¶8

 With the aforesaid liberty, the writ petitions stands disposed of.
 Issue urgent certified copy as per rules.

¶9

Ashok

¶10

Dr. B.R. Sarangi,J.

Namita Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Namita Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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