High CourtsDivision Bench(2021) 08 OHC CK 0075

Dr. Manasi Mishra vs State Of Odisha And Others

Orissa High Court · Decided on 18 August 2021

HON’BLE JUDGES
Dr. S. Muralidhar, CJ · B. P. Routray, J
RESULT
Disposed Of
CASE NUMBER
Writ Appeal No.125 Of 2019

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Judgment

19 paragraphs · 364 words
1.

The present appeal is directed against the judgment dated 29th January, 2019 passed by the learned Single Judge allowing W.P.(C) No.7103 of

2018 and striking down a resolution dated 14th March, 2018 issued by the School and Mass Education Department fixing guideline for State Awards

to teachers excluding teachers of recognized institutions.

2.

Against the same impugned judgment of the learned Single Judge, several writ appeals were filed which came to be disposed of by a Division

Bench of this court by a common order dated 18th March / 11th June, 2021. While declining to interfere with the aforementioned judgment of learned

Single Judge quashing resolution dated 14th March, 2018 it was directed in two of the appeals i.e. W.A. No.261 and 124 of 2019, that since those

appellants i.e. Sanat Kumar Behera and Rabindra Nath Behera had already been selected for the award and not been arrayed as Opposite Parties in

the writ petition, it was left to the state Government to award them if it so chooses.

3.

As far as present Appellant is concerned, she claims that she too was not arrayed as a party in the aforementioned writ petition in which Girish

Chandra Tripathy was a party, i.e. W.P.(C) No.7103 of 2018. She had filed a separate writ petition being W.P.(C) No.21754 of 2018 which was

dismissed on account of the judgment dated 29th Jaunuary, 2019 in W.P.(C) No.7103 of 2018.

4.

In view of the above discussion the order passed on 29th January, 2019 in W.P.(C) No.21754 of 2018 is set aside and the said writ petition is

restored to the file of learned Single Judge on the limited question whether the limited relief as granted to similarly placed persons by the Division

Bench of this Court in its order dated 18th March/11th June, 2021 in W.A. Nos. 261 and 124 of 2019 may not be granted to the present Appellant as

well.

5.

The writ appeal is disposed of in the above terms.

6.

W.P.(C) No.21754 of 2018 will now be placed before the learned Single Judge for directions on 27th September, 2021.

7.

An urgent certified copy of this order be issued as per rules.

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