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Judgment
18 paragraphs · 512 wordsM.S.Sahoo, J
When the matter was last taken up on 15.07.2022, the following order was passed :
“2. The writ petition has been registered before this Court on 24.12.2021 after the Original Application was transferred upon abolition of the learned Odisha Administrative Tribunal, Cuttack Bench, Cuttack.
On perusal of the available order sheets of the learned Tribunal it is indicated that on 29. 12.2015 the following order was passed :
“Vide order dated 29.12.15 passed in O.A.No. 4656(C)/15.”
Since the records of the O.A. No. 4656(C)/15 is not available, this Court is not inclined to know exactly what was the order passed on 29. 12.2015. The matter was not taken up/pursued.
Counter dated 21.6.2016 on behalf of the opposite party no.5 is available on record. It is submitted by learned counsel for the petitioner that he shall obtain up-to-date instruction in the matter regarding continuance of the petitioner in the post and consequential service benefits. He may be accommodated for some time to obtain up-to-date instruction from the petitioner.
Learned Standing Counsel shall obtain up-to-date instruction regarding present status of the service of the petitioner.
List on 7.9.2022.”
Learned Standing Counsel produces copy of the order dated 22.03.2021 passed in W.P.(C) No.9734 of 2021 while the following order was passed :
“... .... By way of this writ petition, the petitioner has prayed for withdrawal of O.A. No.4692(C) of 2015 pending before the Odisha Administrative Tribunal, Cuttack Bench, Cuttack.
Learned counsel for the petitioner submits that as the Tribunal has been abolished in the meantime, in the interest of justice the petitioner may be permitted to withdraw the aforesaid O.A.
Considering the fact situation of the case and limited nature of prayer made by learned counsel for the petitioner, this Court is of the considered opinion that no purpose will be served by keeping the said O.A. pending before the Tribunal or issuing a direction to transfer the said O.A. to this Court. Therefore, in the interest of justice, it is directed that the aforesaid O.A. pending before the Tribunal be treated to be disposed of as withdrawn, as prayed for by the learned counsel for the petitioner.
With the aforesaid observation and direction, this writ petition is disposed of. ... ...”
Copy of the said order dated 22.03.2021 passed in W.P.(C) No.9734 of 2021 is kept on record for reference.
It is not disputed by the learned counsel for the petitioner that in terms of the earlier order dated 22.03.2021, the O.A. No.4692 (C) of 2015 was supposed to be treated as disposed of on being withdrawn. Apparently, when the O.A. was transferred to this Court and registered on 24.12.2021 as WPC (OAC) No.4692 of 2015, order dated 22.03.2021 passed by this Court in W.P.(C) 9734 of 2021 did not come to the notice of the Registry of this Court or Registry of the learned Tribunal for which the matter has been registered and renumbered as writ petition.
In view of the above, the writ petition stands disposed of as withdrawn.
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