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2025 DAILYLAW 73052 (ORI)

AJAYA KUMAR PANDA v. STATE OF ODISHA

WP(C)/27105/2025 · 2025-10-15

Dixit K S

Writ Petition (Civil)body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.27105 of 2025 Ajaya Kumar Panda …. Petitioner Mr. R. K. Acharya, Advocate -Versus- State of Odisha & Others …. Opposite Parties Mr. D. Lenka, AGA CORAM: JUSTICE DIXIT KRISHNA SHRIPAD Order No. 01. ORDER 15.10.2025 Short grievance of the Petitioner is reflected in the prayer column: “It is therefore prayed that this Hon'ble Court may graciously be pleased to admit the Writ petition, issue Rule NISI calling upon the Opp. Parties to show cause as to why appropriate direction shall not be issued to the Opp. Parties more particularly to the Opp. Party No.4 for early withdrawal of the charge of I/c. Headmaster of the Baipur Project Primary School, Baipur from the petitioner and hand over the same to the senior most teacher of the said school to avoid all sort of legal complication. And if the Opp. Parties do not show cause or show insufficient cause issue a writ in the nature of Mandamus directing the Opp. Parties more particularly to the Opp. Party No.4 for early withdrawal of the charge of I/c. Headmaster of the Baipur Project Primary School, Baipur from the petitioner and hand over the same to the senior most teacher of the said school to avoid all sort of legal complication.” 2. Counsel for the Petitioner draws attention of the Court to the representation dated 14.07.2025, a copy whereof avails at Annexure- 5, wherein he has requested for being relieved from the charge of p. 2 Headmaster post, so that the senior most in the institution, who is available, can assume the charge. 3. Learned counsel for the Petitioner submits that there has been a bureaucratic culture in the State and unless the Writ Court intervenes, all representations will be kept in cold storage. Day in and day out, this Court has been treating such similar matters and therefore, there is a ring of truth in what the counsel for the Petitioner is submitting. Be that as it may. 4. Learned AGA-Mr. Lenka appearing for the OPs submits that he would instruct the jurisdictional OP to look into the grievance of the Petitioner, as has been aired in the subject representation, in time bound manner, if all contentions are kept open. 5. It has been consistent view of several High Courts in the country that ordinarily the senior most person is asked to be in-charge of the post of the kind, when regular appointment is not being made. While considering the representation, this has to be kept in view. An unwilling candidate cannot be asked to take the charge of some office on in-charge basis. In the above circumstances, writ petition is disposed off. Time for consideration of the subject representation and informing result of such consideration to the Petitioner in writing, is four weeks. All contentions are kept open. It is open to the answering OP to solicit any information or documents from the side of the Petitioner, as required for taking a p. 3 decision on the subject representation. However, in that guise delay shall not be brooked. Now, no costs. Web copy of this order to be acted upon by all concerned. ( Dixit Krishna Shripad ) Judge Madhusmita Designation: Jr. Stenographer