The petitioner, whose writ petition regarding a temporary government post was adjourned for nine years, appeared unrepresented at the hearing. The Court noted the petition's lack of merit and the lapse of time, leading to its dismissal.
All interim orders vacated; matter disposed of for non-prosecution due to lack of merit and lapse of time.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
WPC(OAC) No. 4001 OF 2013
Jitendra 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 by hybrid mode.
“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 the matter was never taken up for admission and adjourned on the dates 03.01.2014 and 28.02.2014 and never taken up thereafter, till it is listed today before this Court.
5. Learned AGA referring to the counter filed on behalf of the opposite parties 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 ready 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 learned AGA, to grant another opportunity to the petitioner, list on 4th May, 2022.”
dutta
1 issue framed by the court
Whether the writ petition, filed after a lapse of nine years from the advertisement's tenure, is maintainable for adjudication.
Jitendra 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
