Orissa High Court
Gend Ram Naik And vs State Of Odisha And on 20 August, 2024
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.19076 of 2024
Gend Ram Naik and
Others .... Petitioners
Mr. D.N. Rath, Advocate
-versus-
State of Odisha and
Others .... Opposite Parties
State Counsel
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
20.08.2024 Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel for the parties.
3. The Petitioners have filed the present Writ Petition with the following prayer: -
"Under the above circumstance, it is therefore humbly prayed that this Hon'ble Court may be graciously pleased to issue a writ in the nature of writ of mandamus or any other appropriate writ, direction or order by directing the opposite parties to treat the petitioners as that of Sikshya Sahayaks with effect from 30.06.2008 since the petitioners are engaged in the vacant post of Sikshya Sahayaks and are having the same qualification as that of the Sikshya Sahayak and are 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 petitioner as Junior Teachers with effect from 30.06.2011 and Regular Primary School Teacher with effect from 30.06.2014, in terms // 2 // of the law decided in the case of Dhananjay Charan Dey & others v. State of Orissa (W.P.(C) No.31679 of 2011 decided on 05.03.2020)."
4. Learned counsel for the Petitioners submits that through highlighting their grievances, the petitioners have filed a representation vide Annexure-10 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.
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 taking into account Annexures-11 & 12, 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.
6. The Writ Petition is disposed of accordingly.
(Biraja Prasanna Satapathy) Judge Basudev Signature Not Verified Digitally Signed Signed by: BASUDEV SWAIN Designation: SR. STENO Reason: Authentication of order Location: High Court of Orissa, Cuttack Date: 22-Aug-2024 18:39:12 Page 2 of 2