Research › Search › Judgment

High Court of Orissa · body

2026 DAILYLAW 6090 (ORI)

PURNA CHANDRA PARIDA v. THE STATE OF ODISHA

WP(C)/11342/2026 · 2026-04-21

Aditya Kumar Mohapatra

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.11342 of 2026 Purna Chandra Parida ..... Petitioner Represented by Adv. - Rabi Narayan Swain -versus- The State Of Odisha and others ..... Opposite Parties Represented by Adv. – Mr. U.C. Jena, ASC CORAM: MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 21.04.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State-Opposite Parties. Perused the writ application as well as the documents annexed thereto. 3. By filing the present writ application the Petitioner has sought for the following relief: <It is therefore prayed that this Hon'ble Court may be graciously be pleased to issue a rule Nisi calling upon the opposite parties to show cause as to why; (I) The order issued on dated 01.01.2020 by the Opposite Party No.2 (Collector, Nuapada) with regard from the post of Assistant teacher to the Page 2 of 4. post Headmaster shall not be quashed holding the letter issued on dated 01.01.20020 illegal, and tenable in the eyes of law in view of the facts and circumstances of the case. (II) The order issued on dated 01.01.2020 by the Opposite Party No.2 (Collector, Nuapada) with regard from the post of Assistant teacher to the post Headmaster shall not be substituted by promoting the petitioner ahead of his junior on the promotion list. (Ill) A specific direction shall not be issued to the opposite parties to consider the representation which is pealing before the opposite party No.2 as reflected on its letter dated 16.01.2020 under Annexure-4 within a stipulated period. Any other relief/reliefs as deem fit and proper shall not be granted; If the opp. parties fail to show cause or show insufficient cause, the Rules shall be made absolute; And for the said act of kindness, the petitioner as in duty bound shall ever pray.= 4. Learned counsel for the Petitioner at the outset contended that ventilating his grievance, the Petitioner had earlier approached this Court by filing W.P.(C) No.36634 of 2020. The said writ application was disposed of by a coordinate Bench vide order dated 10.08.2023 thereby granting liberty to the Petitioner to approach the Opposite Party No.2 by filing a representation with a further direction to the Opposite Party No.2 to consider and dispose of such representation within a period of three months. He further contended that despite such specific direction the Opposite Party No.2 has not considered the representation of the Petitioner and no final decision has been taken with regard to Page 3 of 4. his grievance. Being aggrieved by such inaction of the Opposite Party No.2, the Petitioner was compelled to approach this Court once again by filing the present writ application. 5. Learned counsel for the State on the other hand contended that the present writ application is not maintainable as the Petitioner had earlier approached this Court and the writ Petition was disposed of with a direction to the Opposite Party No.2. He further submitted that after disposal of the earlier writ application vide order dated 10.08.2023, it appears that the Petitioner has not approached the Opposite Party No.2. On such ground, learned counsel for the Petitioner objected to the maintainability to the present writ application. 6. In reply to the aforesaid contention of the learned counsel for the Petitioner contended that although he had approached the Opposite Party No.2 after disposal of the writ application, no decision has been taken on his representation. 7. Having heard the learned counsels appearing for both sides, without entering into the merits of the matter and keeping in view the earlier order passed by the coordinate Bench on 10.08.2025 in W.P.(C) No.36634 of 2020, this Court deems it proper to dispose of the present writ application by granting liberty to the Petitioner to file a fresh representation before the Opposite Party No.2 within three weeks’ from today. In such eventuality, the Opposite Party Page 4 of 4. No.2 shall do well to consider and dispose of such representation of the Petitioner strictly in accordance with law and applicable rules within a period of six weeks by passing a speaking and reasoned order. The final decision so taken be communicated to the Petitioner positively within ten days of passing of such final order. 8. With the aforesaid observation/direction, the writ application stands disposed of. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge Sisir Designation: PERSONAL ASSISTANT