Disposed

Laxmidhar Mahapatra v. State of Odisha

Orissa HC10 Mar 2023WP(C)/5037/2023

Case brief

AI extract

What is this about?

In this writ petition seeking regularization and consequential upgradation of petitioners as school teachers based on a government resolution and a prior judicial order, the High Court of Orissa directed the respondents to decide the petition within three months without expressing an opinion on merits.

What did the court decide?

Direction to opposite party No.1 to take a decision on the petition within three months from the date of production of certified copy of this order.

Laxmidhar Mahapatra Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.5037 of 2023

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Laxmidhar Mahapatra and Others

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…. Petitioners

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-versus-

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State of Odisha & Others

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…. Opp. Parties

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CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

Order

10.03.2023

1. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

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2. Heard learned counsel for the parties. 3 . The Petitioners have filed the present Writ Petition with the following prayer: -

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“Under the above circumstances, it is humbly prayed that the writ application be allowed;

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(a) a writ of mandamus or an appropriate writ be issued commanding the O.Ps. to treat the petitioners to be absorbed as Sikshya Sahayak with effect from 2008 since the petitioners are engaged in the vacant post of Sikshya Sahayak and is having the same qualification as that of the Siskhya Sahayak and is performing the same duty that is available for Sikshya Sahayaks in a primary school as per the policy decision of the State Government and accordingly to treat the petitioners as Junior Teacher with effect from 2011 and Regular Primary School Teacher with effect from 2014, in terms of the Resolution of the Government dated 16.02.2008 keeping in view the ratio decided in the case of Dhananjaya Charan Dey Vrs. State of Orissa and others , reported in 2020 (II) ILR-

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// 2 //

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Cut-84 , which has been upheld by the Division bench of this Hon’ble Court in W.A. No.10 of 2021 , disposed of on 02.02.2021;

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(b) Any other order/orders or direction/directions be issued so as to give complete relief to the petitioners.”

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4. Learned counsel for the Petitioners submits that through highlighting their grievances, the petitioners have filed a representation vide Annexure-9 to the Writ Petition, but till date nothing has been done in the matter. In such background, they pray that a direction be issued to opposite party No.1 to take a decision on the above noted petition within a specific time period.

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5. Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs opposite party No.1 to take a decision on the above noted petition in accordance with law, within a period of three months from the date of production of certified copy of this order and communicate the result of such exercise to the petitioners.

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6. The Writ Petition is disposed of accordingly.

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(Biraja Prasanna Satapathy) Judge

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Basudev

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Laxmidhar Mahapatra v. State of Odisha

Case brief

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Laxmidhar Mahapatra v. State of Odisha

Case brief

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