The Court disposed of the writ petition by directing the competent authority to consider the petitioner's case in light of the decision in Ashok Kumar Mohapatra v. State of Orissa, requiring completion within two months.
Directing competent authority to dispose of petitioner's case applying Ashok Kumar Mohapatra decision within two months.
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.4034 of 2023
Laxmidhar Mishra
Petitioner
-versus-
State of Odisha & Others
…. Opp. Parties
CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
Order
21.02.2023
No
2. 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 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
// 2 //
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 Standing Counsel for School & Mass Education Department for communication purpose.
(Biraja Prasanna Satapathy) Judge
sangita
Page 2 of 2
3 issues framed by the court
Whether to dispose of the writ petition based on the precedent set in Ashok Kumar Mohapatra v. State of Orissa.
Whether to direct the competent authority to consider the petitioner's case in light of the Ashok Kumar Mohapatra judgment.
Whether to direct the competent authority to dispose of the petitioner's case within a specific time frame following the Ashok Kumar Mohapatra decision.
Colour shows how this judgement treated each authority
Ashok Kumar Mohapatra v. State of OrissaReferred¶3
O.A. No. 1668 of 2017 ( Ashok Kumar Mohapatra v. State of Orissa )
W.P.(C) No.6698 of 2020Referred¶3
SLP(C) No.15573 of 2020Referred¶3
Laxmidhar Mishra
State of Odisha
Biraja Prasanna Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
