The Single Judge disposed of a writ petition challenging a 2012 gradation list for the Junior Subordinate Education Service. Relying on prior order dated 28.3.2022 where the petitioner's absence and lack of specific grievances were noted, the court dismissed the matter for non-prosecution without issuing a substantive decision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPC(OAB) No. 27 of 2013
Pratap Chandra Das
Petitioner
Mr. Biswanath Behera, Advocate
-versus-
…. Opposite Parties
State of Odisha and others …. Opposite Parties Mr.P.K.Panda, SC, S&ME Department
CORAM:
JUSTICE M.S.SAHOO
ORDER
Order No.
18.5.2022
4. 1. This matter is taken up by hybrid mode.
“1. This matter is taken up through hybrid mode.
The writ petition has been registered before this Court on 20th November, 2021, after the original application was transferred from the learned State Administrative Tribunal, Bhubaneswar, Circuit Bench at Berhampur upon its abolition.
2. On perusal of the available order sheets of the learned Tribunal, it is indicated that the matter was never taken up after 07.01.2019.
3. None appears for the petitioner, when the matter is called.
4. The original application was filed in the year 2013 when the applicant/petitioner was aged about 53 years, working as Headmaster-inCharge, Trained Graduate Teacher (PCM) in Municipal Barracks High School, Gandhi Nagar, Berhampur, inter alia challenging the gradation list of Junior Subordinate Education Service
// 2 //
Teachers of Government High Schools in the year 2012.
5. It is contended on behalf of the petitioner that he has not been included in the gradation list though he is entitled to.
6. It is submitted by the learned Standing Counsel (School and Mass Education Department) that challenge to a gradation list of the year 2012 would not survive after ten years and moreover the petitioner would have retired in the year 2020 on attaining age of superannuation.
7. It is further submitted by the learned Standing Counsel that the petitioner has not indicated his inter se position in the gradation list by which he is aggrieved i.e. the petitioner has not indicated who are the juniors to him who are to be placed below in the gradation list of 2012 and none had been made party in the Original Application.
8. To grant another opportunity to the petitioner, list on 4th May, 2022.”
dutta
Page 2 of 2
2 issues framed by the court
Whether a challenge to a 2012 gradation list can be sustained ten years after the fact when the petitioner has not indicated specific juniors aggrieved by his placement.
Whether the writ petition should be dismissed for non-prosecution in view of the petitioner's absence and lack of specific grievances.
Pratap Chandra Das
State of Odisha
M.S. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
