Smt.Susama v. State
Case brief
What is this about?
The court transferred the record of a long-pending writ petition to the State Administrative Tribunal, Cuttack Bench, as the subject matter school is now a state institution, relying on a prior Full Bench judgment.
What did the court decide?
Directed the office of this Court to transmit the record to the State Administrative Tribunal, Cuttack Bench, Cuttack for adjudication.
What the court decided
O.J.C. No.11034 of 1998
- 02.05.2018 Mr. J.K. Rath, learned Senior Counsel representing the petitioner submits that during pendency of the writ petition, the status of Aswakhola Anchalik High School, Barada in the district of Dhenkanal is now been taken by the State Government and as such, the matter needs to be transferred to the State Administrative Tribunal, Cuttack Bench, Cuttack in view of the judgment rendered by the Division Bench of this Court in the case of Smt. Rama Panigrahi v. State of Orissa & others , reported in 95 (2003) CLT 724 (FB) .
Mr. S.K. Samal, learned Standing Counsel appearing for the School & Mass Education Department has expressed no objection to such submission.
In view thereof and with the consent of the learned counsel for the parties so also by putting reliance upon the judgment rendered by the Division Bench of this Court in the case of Smt. Rama Panigrahi (supra), the office of this Court is directed to transmit the record of this case to the State Administrative Tribunal, Cuttack Bench, Cuttack for its adjudication by the Tribunal.
It is expected that the Tribunal will take into consideration the fact that the matter is pending before this Court since the year 1998 so that the matter may be disposed of at an early date.
…………………..
S.N.Prasad,J.
2
Issues for consideration
1 issue framed by the court
Whether the record of a pending writ petition regarding school status needs to be transferred to the State Administrative Tribunal given the school is now a state institution.
Parties & counsel
- petitioner
Unknown Petitioner
- respondent
School & Mass Education Department
Coram
S.N.Prasad
Case details
As recorded by the court registry
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