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2013 DAILYLAW 574 (ORI)

SANTOSH KU.BHOI v. STATE and ORS.

WP(C)/14902/2013 · 2026-05-15

M S Sahoo

Civil Appealbody2013

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.14902 of 2013 Santosh Kumr Bhoi …. Petitioner Mr. N.R. Panda, Advocate on behalf of Mr. S.K. Purohit, Advocate -versus- State of Orissa & another …. Opp. Parties Mr. D.N. Lenka, AGA for OP Nos.1 & 2. CORAM: HON’BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO Order No. ORDER 15.05.2026 (Hybrid Mode) 03. 1. Heard learned counsel for the Petitioner and learned Additional Government Advocate for Opposite Parties No.1 & 2. The matter was presented before this Court on 03.07.2013 and is pending since then. During pendency of the Writ Petition similar matters were disposed of by Coordinate Bench. The State preferred SLP against the said order of the Coordinate Bench before the Hon’ble Apex Court which has resulted in disposal of the Civil Appeals, i.e., Civil Appeal No.9828 of 2024 and 64 nos. of connected Civil Appeals. 2. The Writ Petition has been listed with the note put up by the Registry that the order dated 29.01.2026 passed by the Hon’ble Apex Court in Civil Appeal No.9828 of 2024 is placed for reference marked at Flag-A. It would be apt to reproduce the order of the Hon’ble Apex Court in the Civil Appeal: “ xxx xxx xxx 2. Arising out of the judgment dated 11.12.2017 passed by the learned Single Judge of the High Court directing the Director of the Education to decide the representation in terms of the observations made in the order, the present appeals have been filed. 3. Having considered the submissions of the parties and taking note of the fact that the issue of payment of the UGC Scale is to be decided by the Director of Education in terms of the order. The said order is merely in the nature of remand; however, we are not inclined to entertain the present appeals. 4. In this view, let the decision be taken by the Director of Education in accordance with law within a period of three months. On taking such decision, parties are at liberty to take recourse as permissible. All the contentions are left open for them to be raised at appropriate stage. The directions as issued in this case shall apply mutatis mutandis to intervenors also. 5. Accordingly, the appeals stand disposed of. Pending applications, if any, shall also stand disposed of.” 3. Learned counsel Mr. Panda files memo of date enclosing copy of the office letter issued by Director, Higher Education, Odisha dated 05.05.2026 addressed to the Principal, Anchalika Kissan College, Bheden wherein it seems the Petitioner had worked as Lecturer in English though in the Writ Petition he has stated to be working in 2013 as Lecturer in English in Burla N.A.C. College, Burla, Dist- Sambalpur. Copy of the memo along with enclosed office letter is served on the learned Additional Government Advocate. The memo and the enclosure are also taken on record. Scanned copy be updated. 4. Perusal of the letter indicates that after disposal of the Civil Appeal No.9828 of 2024: State of Odisha & Another vrs. Sri Santosh Kumar Bhoi & others by order of the Hon’ble Apex Court dated 29.01.2026 the State shall acted in the same. It is also informed by the learned counsel for the Petitioner that the time period for consideration as directed by the Hon’ble Apex Court has been extended by one month in a subsequent I.A. filed by State seeking such extension. 5. In considered opinion of this Court after the direction of the Hon’ble Apex Court in SLPs arising out of similar judgment/orders of Co-ordinate Bench of this Court that involve similar prayer before this Court, no purpose would be served by keeping the present Writ Petition pending. Amit Paragraph-4 of the order Hon’ble Apex Court quoted above is followed and applied in the present Writ Petition. 6. Accordingly, following and applying the judgment of the Hon’ble Apex Court it is directed that let decision regarding the claim of the Petitioner be taken by the Director of Higher Education in accordance with law within a period of three months from today, if not already taken in the meantime. 7. The Writ Petition is accordingly disposed of. 8. The Petitioner shall produce certified copy of this order before the Director, Higher Education. The authority shall act upon the production of the certified copy of this order. The parties shall also have the liberty to proceed on the basis of the copy of order obtained from the Official Website of this Court. 9. It is further clarified that no part of this order shall be treated to be opinion on merits of the case of the Writ Petitioner in the present Writ Petition and that this Court has not expressed any opinion regarding contentions of the parties to the Writ Petition. (Mruganka Sekhar Sahoo) Judge