The High Court held that the writ petition challenging inaction in the petitioner's appointment as Forest Guard became infructuous due to efflux of time. Liberty was granted to approach the Court afresh if any cause of action survives.
Liberty granted to petitioner to approach this Court afresh if any cause of action survives.
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(OAC) No.2100 of 2012
Madhusudan Sahoo
…. Petitioner
Mr.K.P.Mishra, Adv.
-versus-
State of Odisha & Ors.
…. Opposite Parties Mr.Karunakar Das, ASC
CORAM:
MR. JUSTICE S.K. PANIGRAHI
ORDER
Order No.
17.02.2022
1 . This matter is taken up by hybrid mode.
2. Heard learned counsel for the petitioner.
3 . Learned counsel for the petitioner submits that the petitioner has challenged the in-action of the opposite parties in giving appointment to the petitioner in the post of Forest Guard in the Keonjhar Wild Life Division, Anandapur.
4 . It is pertinent to mention here that the petitioner belongs to SEBC category. Although he had been successful in all the tests i.e. physical, written, cycling, walking and viva-voce as per advertisement dated 24.08.2011 but till date the petitioner has not been appointed by the opposite parties by misconceiving the order of Tribunal passed in O.A. 3229(C) of 2011 and batch of cases filed by the contractual employees. Hence he has approached this Court.
5 . But by efflux of time the cause of action raised in the petition does not seem to be surviving. Accordingly, the WPC (OAC) has become infructuous.
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6 . However, liberty may be granted to the petitioner to approach this Court afresh, if any cause of action survives.
7 . In view of the above, the WPC(OAC) is disposed of granting liberty as aforesaid.
( S.K. Panigrahi)
LB
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3 issues framed by the court
Whether the cause of action in the writ petition challenging inaction in appointment survives based on misconception of Tribunal order.
Whether the writ petition has become infructuous due to efflux of time.
Whether liberty should be granted to approach the Court afresh if cause of action survives.
Madhusudan Sahoo
State of Odisha
S. K. Panigrahi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
