Writ petition disposed of directing the competent authority to decide the petitioner's case applying the decision in Ashok Kumar Mohapatra v. State of Orissa within two months.
Direction to competent authority to dispose of petitioner's case applying Ashok Kumar Mohapatra decision within two months.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.21084 of 2024
Sindhuka Naik
…. Petitioner Ms. S. Samal, Advocate
-versus-
State of Odisha and Others
…. Opposite Parties State Counsel
CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
30.08.2024
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
Signature Not Verified
Digitally Signed Signed by: BASUDEV SWAIN Designation: SR. STENO Reason: Authentication Location: High Court of Orissa, Cuttack Date: 03-Sep-2024 17:11:34
Page 2 of 2
1 issue framed by the court
Whether the petitioner's case is entitled to be decided in light of the precedent set in Ashok Kumar Mohapatra v. State of Orissa?
Colour shows how this judgement treated each authority
Ashok Kumar Mohapatra v. State of OrissaFollowed¶14
Ashok Kumar Mohapatra v. State of Orissa
Sindhuka Naik
State of Odisha and Others
Biraja Prasanna Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Biraja Prasanna Satapathy
Parties & counsel
