Orissa High Court
Bijay Kumar Sahoo vs Sate Of Odisha & Others on 3 August, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 19024 of 2021
Bijay Kumar Sahoo ..... Petitioner
Mr. P.K. Pasayat, Advocate
-Versus-
Sate of Odisha & Others ..... Opposite Parties
State Counsel
CORAM:
DR. JUSTICE B.R. SARANGI
ORDER
03.08.2021
I.A. No.9853 of 2021
Order No. This matter is taken up through hybrid mode.
03.
Heard learned counsel for the petitioner.
This application has been filed by the petitioner for modification
of order dated 14.07.2021.
Considering the grounds taken in this application, the order
dated 14.07.2021 is hereby recalled and fresh order is passed today
separately in W.P.(C) No. 19024 of 2021.
The I.A. stands disposed of accordingly.
(DR. B.R. SARANGI)
JUDGE
P.T.O.
W.P.(C) No. 19024 of 2021
Order No. This matter is taken up through hybrid mode.
04.
Heard learned counsel for the parties.
The petitioner has filed this writ petition seeking direction to opposite
parties to consider and dispose of the representation dated 16.06.2021 of
the petitioner under Annexure-7 for regularization of his service in the
establishment of opposite party no.3 in the light of the decision of the apex
Court in the case of Secretary, State of Karnataka and Others v.
Umadevi (3) and Others, (2006) 4 SCC 1 and State of Karnataka and
others v. M.L. Kesari and others, (2010) 9 SCC 247 so also similar
directions issued by this Court in judgment dated 19.09.2014 in OJC No.
15560 of 1998 and in the case bearing OJC No. 13023 of 1998 as referred to
under Annexures-5 and 6 above, by taking into account his long period of
service for more than 24 years, within a stipulated time.
In course of hearing, learned counsel for the petitioner states that
highlighting the grievance, the petitioner has made representations to the
opposite party no.2 vide Annexure-7 and direction be given to consider and
dispose of the same within a stipulated time taking into consideration the
judgments of the apex Court in Umadevi (3) and M.L. Keshari (supra).
In view of the aforesaid limited grievance of the petitioner, this Court
disposes of the writ petition directing the opposite party no.2 to take a
decision on the representation filed by the petitioner vide Annexure-7 and
pass appropriate order in accordance with law taking into consideration the
judgments of the apex Court in Umadevi (3) and M.L. Keshari (supra)
within a period of three months from the date of production of certified/
authenticated copy of this order by the petitioner.
As the restrictions due to resurgence of COVID-19 situation are
continuing, learned counsel for the parties may utilize a printout of the
order available in the High Court's website, at par with certified copy,
subject to attestation by the concerned advocate, in the manner prescribed
vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's
Notice No. 4798 dated 15th April, 2021.
Alok (DR. B.R. SARANGI)
JUDGE
