Nirmala Behera vs State Of Odisha And Other

The present writ appeal is directed against an order dated 13th August, 2019 passed by the learned Single Judge dismissing the Appellant’s W.P.(C) No.13919 of 2019.

This was the second round of litigation at the instance of the present Appellant seeking directions to the State in the School & Mass Education Department regarding her engagement as Gana Sikshyaka in terms of a Resolution dated 16th February, 2008.

The first round, the Appellant’s W.P.(C) No.23310 of 2010 was disposed of on 31st January, 2011 by the learned Single Judge of this Court directing the District Project Coordinator, Mayurbhanj to sympathetically consider her case and pass appropriate orders within three months from that date.

Aggrieved that the order was not being implemented and after waiting for eight years, the Appellant filed W.P.(C) No.13919 of 2019. In the circumstances, the learned Single Judge observed that instead of filing a contempt petition for non-compliance of the earlier directions, the Appellant chose to wait for eight years to file another writ petition seeking the same relief.

Having heard learned counsel for the parties, the Court is satisfied that no error has been committed by the learned Single Judge in declining to grant relief in the second round with the writ petition having been filed eight years after the earlier order of the learned Single Judge.

No grounds have been made out for interference. The writ appeal is dismissed.

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