WP(C)/36387/2020 of NIRANJAN ROUT Vs STATE OF ODISHA on 24 December 2020

Conclusion

224.12.2020This matter is taken up through Video Conferencing.

Heard Sri S.Mohanty, learned counsel for the petitioner and Sri S.P.Panda, learned Additional Government Advocate appearing for the State.

The petitioner has the following prayer :- “It is therefore prayed that this Hon’ble Court may graciously be pleased to admit the writ petition and issue a writ of mandamus directing the Opp.Parties, particularly the Director, Higher Education, O.P.3 to submit the proposal before the Controller of Account, the O.P.5 for opening of the GPF Account keeping in view the office order No.13085 passed by the Opp.Party No.4 dtd.23.11.2020 under Annexure-5 within a time to be stipulated by this Hon’ble Court.”

Considering the issue in the first round of litigation, this Court in disposal of W.P.(C) No.21663 of 2020, vide order dated 7.9.2020 passed the following :- “Heard leaned counsel for the petitioner and learned Standing Counsel for the School & Mass Education Department through Video Conferencing Mode.

This writ application has been filed by the petitioner with a prayer to direct opposite party no.3 to submit proposal to opposite party no.4 for opening of G.P.F. Account.

Considering the submissions made and without expressing any opinion on the merits of the case, this writ application is disposed of with a direction to the opposite party no.3 to look into the request of the petitioner and take appropriate action in the matter of submission of proposal to opposite party no.4 for opening of G.P.F. Account in favour of the petitioner in accordance with law within a period of six weeks from the date of communication of this order by the petitioner.

Learned counsel for the parties may utilize the soft copy of this order available in the High Court’s Website or print out thereof at par with certified copy in the manner prescribed vide Court’s Notice No.4587 dated 25.3.2020.”

It is after getting this order, O.P.4 therein on the premises of having no jurisdiction over such matter, vide paragraph-4 has referred the matter to the Director, Higher Education to pass appropriate order in compliance of the direction of this Court.

It is at this stage of the matter, Sri Mohanty, learned counsel for the petitioner submits that in spite of reference of this matter to the Director, Higher Education since 19.11.2020, till now there is no development.

Considering this allegation and as the Director, Higher Education is required to take appropriate decision being communicated through Annexure-5, the Director, Higher Education, O.P.3 is directed to work out the direction issued in the order dated 7.9.2020 in W.P.(C) No.21663 of 2020 by completing the entire exercise within a period of six weeks from the date of communication of this order by the petitioner.

With the above direction, the writ petition stands disposed of.

The petitioner may utilise the soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notification No.4587 dated 25.3.2020.

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Biswanath Rath, J.