Orissa High Court
Dr. Tarakanta Sahu & vs State Of Odisha & Others .... Opp. ... on 29 August, 2023
Author: M.S. Sahoo
Bench: M.S. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPC (OAC) No.1318 of 2016
Dr. Tarakanta Sahu & .... Petitioners
Another
Mr. M.K. Dash, Advocate
-versus-
State of Odisha & Others .... Opp. Parties
Mr. Nikhil Pratap, ASC
(for O.Ps.1 & 3)
Mr. Bibhu Prasad Tripathy, Advocate
(for O.P.2-OPSC)
CORAM:
JUSTICE M.S. SAHOO
ORDER
29.08.2023 Order No. Hybrid Mode
05. 1. Learned counsel for the petitioner seeks accommodation to advance arguments.
2. On 28.09.2022, learned counsel for the petitioners sought for adjournment on the ground of his personal difficulty, after hearing the learned counsel for the petitioners, learned Additional Government Advocate for the State and Mr. S.B. Jena, learned counsel for the OPSC, the following order was passed:
"1. This matter is taken up through hybrid mode.
2. The writ petition has been registered before this Court on 29.12.2021 after the Original Application was transferred from the learned Odisha Administrative Tribunal, Cuttack Bench, Cuttack upon its abolition.
3. On perusal of the available order-sheets of the learned Tribunal, it is indicated that notices were issued on 05.04.2016 also refusing to pass any Page 1 of 3 // 2 // interim order with observation that the applicant may approach the opposite party no.2-OPSC for redressal of his grievances. Thereafter, the matter was lastly listed on 31.07.2017.
4. It is submitted by the learned counsel for the petitioner that he has some personal difficulty, therefore, the matter may be adjourned also to enable the learned counsel to obtain up-to-date instruction.
5. Learned counsel for the OPSC referring to the counter filed on 01.09.2016 submits that nothing would survive at present for adjudication considering the fact that the matter relates to advertisement published in the year 2015-16 for the recruitment to the post of Ayurvedic Medical Officer in Group-B.
6. It is further submitted by learned Additional Government Advocate that the respective rights of the selected candidates would have crystallized after a passage of seven years, therefore, nothing would survive for adjudication.
7. Having heard the learned counsel for the parties, to grant another opportunity to the petitioner list on 20.10.2022."
3. Thereafter, by order dated 20.10.2022, this Court passed the following order:
"1. This matter is taken up through hybrid mode.
2. Learned counsel for the petitioner seeks some time to file the Rejoinder Affidavit.
3. Call this matter after four weeks. Rejoinder affidavit, if any, be filed in the meantime."
4. Thereafter, on 02.05.2023 after hearing the learned counsel for the petitioners and the learned Additional Government Advocate for the State-opposite parties, the following order was passed referring to the order dated 28.09.2022:
"1. Learned counsel for the petitioners submits that the response of the State-opposite parties has not yet been filed.
2. When the matter was taken up on 28.09.2022, the following order was passed:Page 2 of 3
// 3 // "1. This matter is taken up through hybrid mode.
2. The writ petition has been registered before this Court on 29.12.2021 after the Original Application was transferred from the learned Odisha Administrative Tribunal, Cuttack Bench, Cuttack upon its abolition.
3. On perusal of the available order-sheets of the learned Tribunal, it is indicated that notices were issued on 30.03.2016 also refusing to pass any interim order with observation that the applicant may approach the opposite party no.2-OPSC for redressal of his grievances. Thereafter, the matter was lastly listed on 29.08.2017.
4. It is submitted by the learned counsel for the petitioner that he has some personal difficulty, therefore, the matter may be adjourned also to enable the learned counsel to obtain up-to-date instruction.
5. Learned counsel for the OPSC submits that nothing would survive at present for adjudication considering the fact that the matter relates to advertisement published in the year 2015-16 for the recruitment to the post of Ayurvedic Medical Officer in Group-B.
6. It is further submitted by learned Additional Government Advocate that the respective rights of the selected candidates would have crystallized after a passage of seven years, therefore, nothing would survive for adjudication.
7. Having heard the learned counsel for the parties, to grant another opportunity to the petitioner list on 20.10.2022."
3. As prayed for, list on 18.07.2023. In the meantime, learned Additional Government Advocate for the State shall obtain up-to-date instruction."
5. As prayed for, list on 15.09.2023 to grant another opportunity to the petitioners.
Signature Not Verified Digitally Signed Signed by: JYOSTNARANI MAJHEE(M.S. Sahoo) Designation: PERSONAL jyostna ASSISTANT Reason: Authentication Judge Location: OHC Date: 31-Aug-2023 13:24:39 Page 3 of 3