The High Court of Orissa disposed of a writ petition concerning an ad-hoc lecturer post as abandoned due to the petitioner's non-prosecution after successive continuances and a lapse of nine years since the advertisement.
All interim orders passed earlier were vacated.
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. 4000 OF 2013
Bipin Kumar Nayak
Petitioner
None
-versus-
State of Odisha and another
…. Opposite Parties
Mr.T.K.Praharaj, SC
CORAM: JUSTICE M.S.SAHOO
ORDER
Order No. 18.5.2022
3.
“1. This matter is taken up through hybrid mode.
2. None appears for the petitioner, when the matter is called.
3. The writ petition has been registered before this Court on 4th December, 2021, after the original application was transferred from the learned State Administrative Tribunal, Cuttack Bench, Cuttack upon its abolition.
4. On perusal of the available order sheets of the learned Tribunal, it is indicated that notices were issued on 03.01.2014 and interim order was passed directing the selection process for the post of ad-hoc Lecturer in Chemistry (College Branch) to continue, the result shall not be published without leave of the Tribunal. Thereafter the said order has been modified by the Tribunal by order dated 26.02.2014 that one post of
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ad-hoc Lecturer in Chemistry (College Branch) shall be kept vacant till the next date and the matter was never been taken up thereafter.
5. Learned AGA referring to the counter filed on behalf of the opposite parties submits that the writ petition is devoid of any merit. He further submits that since the advertisement (Annexure-1) was for a particular tenure as indicated in para-7, nothing would survive for adjudication in the writ petition after a lapse of nine years of the advertisement. For reference, para-7 of the Advertisement is quoted herein:-
“7. Tenure: The posting is purely temporary and the candidates cannot claim their right to continue in the post on the basis of such appointment. The tenure will be only for a period of one year w.e.f. the date of joining in the post or the recommendation of OPSC for the regular appointment is made in the said post whichever is earlier.”
6. Having heard the learned AGA, to grant another opportunity to the petitioner, list on 4th May, 2022.”
dutta
Page 2 of 2
Bipin Kumar Nayak
State of Odisha
M.S. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
