Writ petition allowed where parties agreed the issue was analogous to Ashok Kumar Mohapatra. Disposal directs authority to apply that decision within two months.
Direction to competent authority to dispose of the petitioner's case applying Ashok Kumar Mohapatra decree within two months.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.12703 of 2023
Pramod Kumar Nayak
…. Petitioner Mr. D. Behera, Advocate
-versus-
State of Odisha and Others
…. Opposite Parties Mr. D.K. Mohanty, ASC
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 can be disposed of by directing the authority to apply the decision in Ashok Kumar Mohapatra.
Colour shows how this judgement treated each authority
Ashok Kumar Mohapatra v. State of OrissaReferred¶12
O.A. No. 1668 of 2017 ( Ashok Kumar Mohapatra v. State of Orissa )
W.P.(C) No.6698 of 2020Referred¶12
SLP(C) No.15573 of 2020Referred¶12
Ashok Kumar Mohapatra (supra)Applied¶4
Pramod Kumar Nayak
State of Odisha
Biraj Prasanna Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
