Orissa High Court
Ashok Kumar Mishra vs State Of Odisha & Another .... Opp. ... on 1 December, 2021
Author: M.S. Sahoo
Bench: M.S. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P. (C) No. 33002 of 2021
Ashok Kumar Mishra .... Petitioner
Mr. U. Sahoo, Advocate
-versus-
State of Odisha & another .... Opp. Parties
Mr. D. Mohapatra, Standing
Counsel for School and Mass
Education Department
CORAM:
JUSTICE M.S. SAHOO
ORDER
Order No. 01.12.2021
01. This matter is taken up through Hybrid mode.
Heard Mr. U. Sahoo, learned counsel for the petitioner and Mr. D. Mohapatra, learned Standing Counsel for the School and Mass Education Department for opposite parties.
Learned counsel for the petitioner submits that the petitioner is aggrieved by the order dated 19.01.2021, passed by opposite party no.3, demoting the petitioner though there was a direction of this Court, dated 28.09.2020, in W.P.(C) No.20174 of 2020 to dispose of the earlier representation filed by the petitioner claiming certain benefits.
On perusal of the impugned order dated 19.01.2021, it is apparent that the impugned order has been passed pursuant to the aforesaid order of this Court directing for consideration of the representation of the petitioner claiming certain benefit but has ended in passing of an adverse order by opposite party no.3- District Education Officer observing that "Accordingly this Office Order No.6888/dtd.23.12.2013 is partially modified, all other // 2 // terms and conditions as stipulated in the said order remains unchanged."
Issue notice on the question of admission indicating that the matter is likely to be disposed of at the stage of admission.
Mr. D. Mohapatra, learned Standing Counsel for School and Mass Education Department accepts notice on behalf of opposite parties 1 to 3. Let three extra copies of the writ petition be served on him Requisites for issuance of notice to opposite party no.4 through Speed Post with A.D. be filed by 03.12.2021 fixing a short returnable date. Speed Post tracking report be placed on record.
As prayed for, six weeks time is granted to file affidavit on behalf of opposite parties 1 to 3. Copy of the affidavit that is to be filed by opposite parties, be served on the learned counsel for the petitioner.
The petitioner shall be at liberty to file rejoinder thereto. List the matter on 21.01.2022.
(M.S. Sahoo) Judge I.A. No.15212 of 2021
02. Heard.
The impugned order dated 19.01.2021 as at Annexure-12 passed by opposite party no.3-District Education Officer, Nayagarh shall remain stayed till the next date.
Issue urgent certified copy as per rules.
(M.S. Sahoo)
RJ Judge
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