Disposing the writ petition, the court directed the competent authority to decide the petitioner's case by applying the decision in Ashok Kumar Mohapatra v. State of Orissa within two months.
Directive to the competent authority to dispose of the petitioner's case within two months applying the decision in Ashok Kumar Mohapatra v. State of Orissa.
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
W.P.(C) No.12678 of 2023
Saraswati Das
…. Petitioner
Mr. Pitambar Panda, Advocate
-versus-
State of Odisha and Others
…. Opposite Parties
Mr. R.N. Mishra, AGA
CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER 25.04.2023
Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel for the parties.
3. Learned counsel for both the parties agreed that the issue involved in this writ petition is analogues to one involved in O.A. No. 1668 of 2017 ( Ashok Kumar Mohapatra v. State of Orissa ), which was disposed of by the Odisha Administrative Tribunal vide judgment dated 09.10.2018 and confirmed by this Court in W.P.(C) No.6698 of 2020 and further confirmed by the apex Court in SLP(C) No.15573 of 2020.
4. In view of the above and considering the limited prayer to consider the case of the petitioner in the light of the judgment rendered in Ashok Kumar
// 2 //
Mohapatra (supra), this writ petition stands disposed of directing the competent authority to dispose of the case of the petitioner applying the decision rendered in the case of Ashok Kumar Mohapatra (supra) by undertaking the entire exercise within a period of two months from the date of communication of the order.
5. Petitioner is directed to serve an extra copy of the brief on learned State Counsel for School & Mass Education Department for communication purpose.
(Biraja Prasanna Satapathy)
Judge
Basudev
Page 2 of 2
1 issue framed by the court
Whether the writ petition should be disposed of considering its analogy to the decision in Ashok Kumar Mohapatra v. State of Orissa.
Colour shows how this judgement treated each authority
Ashok Kumar Mohapatra v. State of OrissaExplained¶14
O.A. No. 1668 of 2017, Ashok Kumar Mohapatra v. State of Orissa
Ashok Kumar Mohapatra v. State of OrissaRelied on¶14
W.P.(C) No.6698 of 2020
Ashok Kumar Mohapatra v. State of OrissaReferred¶14
SLP(C) No.15573 of 2020
Saraswati Das
State of Odisha
Biraja Prasanna Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Biraja Prasanna Satapathy
Parties & counsel
