Dr. B.R. Sarangi, J. dismissed a writ petition seeking promotion and regularization denied for ten years due to missing requisites, noting lack of interest and granting liberty to pursue remedies elsewhere.
The application was dismissed with liberty to pursue remedy before the appropriate forum if cause of action survives.
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W.P.(C) No. 13365 of 2010
This matter is taken up through video conferencing. None appears for the petitioner at the time of call.
Perused the record. This application has been filed seeking direction to opposite party no. 1 to give promotion to the petitioner and regularize her in the post of B.M.-I-Gr-3. From the record it appears that on 31.08.2010, when the matter was listed, the petitioner was not present due to resolution of the High Court Bar Association and this Court issued notice to opposite parties on the question of admission by registered post with A.D. and directed to file requisites within two weeks. In the meantime ten years have passed, but till date requisites have not been filed.
As such, by the time the petitioner filed this writ petition, she was 51 years old and in the meantime ten years have passed, which indicates she is not interested to pursue her case. Therefore, this Court is not inclined to entertain this application.
The writ petition is accordingly dismissed. However, liberty is granted to the petitioner to pursue her remedy before the appropriate forum, if cause of action still survives for her.
(DR. B.R. SARANGI, J)
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Ajaya
2 issues framed by the court
Whether this Court should entertain a writ petition for promotion and regularization filed ten years after listing with requisite missing.
Whether the cause of action survives for the petitioner to pursue remedy before the appropriate forum.
Ajaya
Opposite Party No. 1
B.R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
