LAWS(ORI)-2024-3-73

STATE OF ODISHA Vs. HIMANSHU SEKHAR DAS

Decided On March 05, 2024
State Of Odisha Appellant
V/S
Himanshu Sekhar Das Respondents

JUDGEMENT

(1.) Assailing Judgment dtd. 8/9/2021 delivered by the learned Single Judge in the Writ Petition bearing W.P.(C) No.2701 of 2014 in the matter of Articles 226 and 227 of the Constitution of India, the functionaries of State of Odisha-appellant, preferred this intra-Court appeal beseeching to invoke provisions of Article 4 of the Odisha High Court Order, 1948 read with Clause 10 of the Letters Patent constituting the High Court of Judicature at Patna and Rule 2 of Chapter-VIII of the Rules of the High Court of Odisha, 1948, with the following relief(s):

(2.) The respondent, being appointed against the post of 4th peon in Putineswar High School, Putina in the district of Balasore on 14/12/1991 by the erstwhile Managing Committee, entered into service on 16/12/1991. His post got duly approved as per the roll strength of the school vide Letter No.5950, dtd. 27/5/1995 issued by the Inspector of Schools, Balasore Circle, Balasore. But, in the meantime, the school was taken over by the State Government on 7/6/1994 by virtue of the Resolution dtd. 16/12/1994 of the Government.

(3.) Aggrieved by Order dtd. 11/3/2013 of the District Education Officer, Balasore the respondent preferred Original Application which was registered as O.A. No.2701 (C) of 2014 before the Odisha Administrative Tribunal, Cuttack Bench, Cuttack under Sec. 19 of the Administrative Tribunals Act, 1985 seeking following relief(s):