SAKTIPADA MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant has approached this Court with a grievance that neither the learned Single Judge nor the Division Bench of the High Court of Orissa under the impugned orders has taken pains to examine as to whether the legitimate right of fair consideration in seeking appointment on the post of Shikshya Sahayak pursuant to his participation in the selection process held in reference to advertisement dtd. 14/10/2006 is in any manner has been impaired. In the circumstances, when the candidates lower to him in the order of merit were appointed on the post of Shikshya Sahayak in April/November, 2007 and after the petition filed by the appellant remained pending for sufficient long time, the learned Single Judge dismissed the writ petition under order dtd. 24/6/2019 on the premise that during pendency of the writ petition the Scheme has been abolished and consequent thereto the writ petition has become infructuous by efflux of time.

(3.) The Division Bench of the High Court has also not bothered to look into the grievance of the appellant and dismissed the LPA by an order dtd. 14/10/2019 on the premise that the appellant has reached the age of 51 years when the appeal has come up for hearing and at this stage no mandamus can be issued to the Government to appoint the appellant.