Dismissed

Banita Behera v. State of Odisha

Orissa HC16 Dec 2020WP(C)/8702/2020

Case brief

AI extract

What is this about?

Court held the writ petition seeking regularization of the petitioner as Level-V Assistant Teacher is premature due to a pending representation on the same issue and is not maintainable at this stage.

What did the court decide?

The writ petition was dismissed; the respondent was directed to consider the pending representation and communicate the result to the petitioner within six weeks.

Banita Behera Vs State of Odisha — Service and Employment | Orissa HC (2020)

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W.P.(C) No.8702 of 2020

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16.12.2020 This matter is taken up through Video

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conferencing.

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Heard learned counsel for the parties.

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This writ petition involves the following prayer :

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“It is therefore, most humbly prayed that this Hon’ble Court be graciously pleased to

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(i) Admit the writ application. (ii) Call for the record.

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(iii) Issue a writ in the nature of mandamus or any other writ/writs direction/directions directing the opposite parties to consider the case of the petitioner for regularization as Level-V Assistant Teacher (ex-cadre) as per the Gazette Notification dated 22.12.2016 and further direction be issued to the opposite parties to pay all financial and consequential service benefits to the petitioner as has been done in respect of the other candidates who have been regularized as Level-V Assistant Teacher (ex-cadre).

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(iv) And/or pass such other order/ orders direction/directions as this Hon’ble Court may deems fit and proper for the ends of justice.

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And for the said act of kindness, the

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petitioner as in duty bound shall ever pray.”

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Considering the claim of regularization in service

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at the instance of the petitioner but however pendency of the representation by the petitioner vide Annexure-7 on the self same issue, this Court finds, the writ petition becomes premature, which is not entertainable at this stage. Therefore, this Court directs, the opposite party no.1, in the event, he has receipt of any such representation and is still pending

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consideration, the same shall be considered and pass orders as appropriate, with communication of the same to the petitioner. The entire exercise shall be completed within a period of six weeks from the date of communication of a copy of this order along with a copy of the writ petition by the petitioner.

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Petitioner may utilize the soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notification No.4587 dated 25.3.2020.

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……………………………. Biswanath Rath, J.

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kcb

Banita Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Banita Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Parties & counsel

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