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Sarat Kumar Jena v. State of Odisha

Orissa HC15 May 2024WP(C)/12095/2024

Case brief

AI extract

What is this about?

Orissa High Court, WP(C) No.12095 of 2024 (decided 15.05.2024, Biraja Prasanna Satapathy, J.). Sarat Kumar Jena v. State of Odisha & Ors. Quashing of administrative order dated 28.09.2023 rejecting claim due to pendency of W.A. No.810 of 2021; appeal since disposed of on 25.09.2023; remand for fresh decision per order dated 30.11.2022 in W.P.(C) No.22236 of 2022; compliance within two months. Keywords: quash, remand, fresh decision, writ appeal disposal, higher education, Governing Body of Patitapaban Higher Secondary School.

What did the court decide?

Impugned order dated 28.09.2023 quashed; matter remitted to Opposite Party No.1 for a fresh decision as directed in the order dated 30.11.2022 in W.P.(C) No.22236 of 2022, to be taken within two months from receipt of the order. ¶22

Sarat Kumar Jena Vs State of Odisha — Orissa HC (2024) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.12095 of 2024

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Sarat Kumar Jena

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..... Petitioner

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Mr. A. Sahoo, Advocate

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-versus-

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1) State Of Odisha

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Director, Higher Education, Odisha

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..... Opposite Parties Mr. M.K. Balabantaray, AGA

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Controller Of Accounts

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1. Governing Body Of Patitapaban Higher Secondary School

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CORAM:

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THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

15.05.2024

Order No. 01

This matter is taken up through hybrid mode.

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Heard Mr. A. Sahoo, learned counsel for the Petitioner and Mr. M.K. Balabantaray, learned Addl. Govt. Advocate appearing for the Opp. Parties.

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Petitioner has filed the present Writ Petition inter alia challenging the order dated 28.09.2023, so passed by the Opposite Party No.1 under Annexure-6.

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It is the contention of the learned counsel for the Petitioner that because of the pendency of the W.A. No.810 of 2021, the prayer of the Petitioner was rejected. It is however contended that in the meantime W.A. No.810 of 2021 has been disposed of by this Court vide order dated 25.09.2023. Since the Petitioner’s claim was rejected only on the ground that W.A. No.810 of 2021 is pending, this Court taking into account the fact that the Writ Appeal has been

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Page 1 of 2.

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disposed of in the meantime vide order dated 25.09.2023 is inclined to quash the order dated 28.09.2023, so passed by the Opp. Party No.1 under Annexure-4. While quashing the same, this Court remits the matter to Opp. Party No. 1 to take a fresh decision as directed by this Court in its order dated 30.11.2022 in W.P.(C) No.22236 of 2022. Such a fresh decision shall be taken within a period of 2 (two) months from the date of receipt of this order.

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