Petitioner in a service dispute abandoned the writ petition after receiving an office order allowing her to join her post, seeking leave to approach the court separately for salary regularization.
Petitioner permitted to file separate application for salary and regularization benefits; writ petition disposed of.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 1779 of 2022
Nibedita Rout
…. Petitioner Mr. S.K. Das, Advocate
-versus-
State of Odisha & Ors.
…. Opposite Parties Mr. S. Jena, AGA
CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER 28.11.2023
Order No 09. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Copy of the order dtd.24.02.2023 so produced in Court be kept in record.
3. Heard learned counsel appearing for the Parties.
4. In course of hearing learned counsel for the Petitioner contended that during pendency of the matter, Petitioner vide office order dtd.24.02.2023 so issued by the Opp. Party No. 2 has been allowed to join in her post.
5. In view of such position, learned counsel for the Petitioner does not want to press the writ petition. However, it is contended that the Petitioner even if has been allowed to join in terms of Office order dtd.24.02.2023, but he is eligible and entitled to get the benefit of salary and regularization for the period he was not allowed to join. Petitioner is permitted to file appropriate application in that regard, in which this Court expresses no opinion.
// 2 //
6. The writ petition is accordingly disposed of.
(Biraja Prasanna Satapathy) Judge
Sneha
Signature Not Verified
Digitally Signed Signed by: SNEHANJALI PARIDA Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 30-Nov-2023 19:19:08
Page 2 of 2
2 issues framed by the court
Whether the writ petition should be dismissed being fully sub judice.
Whether the petitioner is entitled to salary and regularization for the period of non-joining.
Nibedita Rout
State of Odisha
Biraja Prasanna Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
