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2021 Supreme(Ori) 115

BISWANATH RATH
Orissa Secondary School Teachers Association, Nimchouri, Cuttack. – Appellant
Versus
State Of Odisha Represented Through Commissioner-cum-secretary To Government, School And Mass Education Department – Respondent


Advocates Appeared:
Mr. Budhadev Routray, Sr. Advocate, & Mr. D. K. Mohapatra, Advocate, for the Appellant; Mr. Ashok Parija, Advocate, General.Mr.Sandeep Parida, ; Sr. Standing Counsel and Mr. D. Mohapatra, Standing Counsel , S. & M.E. Deptt, for the Respondent.

JUDGMENT

1. This writ petition at the instance of the Orissa Secondary Education School Association, Nimchouri, Cuttack represented by its General Secretary inter alia challenging the letter no.12563/SME dated 9.9.2020 issued by the Principal Secretary to Government, Department of Schools and Mass Education thereby withdrawing the effect of letter No.16029 dated 1.8.2019 issued by the same authority on the premises being passed in non-application of mind, colourable exercise of power, arbitrary as well as contemptuous being contrary to the judgment pronounced by this Court in the case of Ritanjali Giri @ Paul Vrs. State of Odisha and others, reported in 2016(I)-ILR-CUT- 1162. The issue involved herein already involved in another case also heard on the same date involving W.P.(C) No.27634 of 2020 and being decided by a judgment of this date in favour of the petitioner involved therein. Mr.B. Routray, learned Senior Advocate on the major issue involved herein particularly in an attempt to make a distinction between supersession and repeal, reading through the provision at Section 6 of General Clauses Act, Central Act and Section-5 of General Clauses Act of the State submitted that thi

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