Archu Sahoo vs State Of Odisha And Others
2021 Latest Caselaw 8931 Ori

Citation : 2021 Latest Caselaw 8931 Ori
Judgement Date : 26 August, 2021

Orissa High Court

Archu Sahoo vs State Of Odisha And Others on 26 August, 2021

       IN THE HIGH COURT OF ORISSA AT CUTTACK
                     WPC (OA) No. 1614 of 2015

 Archu Sahoo                          .....                   Petitioner
                                                    Mr. R.K. Mohanty,
                                                             Advocate
                                   Vs.
 State of Odisha and others          .....              Opposite parties
                                                        State Counsel


            CORAM:
               DR. JUSTICE B.R. SARANGI

                                      ORDER

26.08.2021

Order No. This matter is taken up by hybrid mode.

2. The petitioner has filed this writ petition seeking to quash Annexure-10 and 11, and to issue direction to the opposite parties to regularize his service retrospectively one day prior to retirement, i.e., 01.02.1992 and accordingly minimum pensionary benefits may be granted in his favour.

3. In course of hearing, learned counsel for the petitioner states that similar question had come up for consideration before the tribunal in Dusasan Biswal v. State of Orissa, (2012) 1 ATT (OAT) 309 and, therefore, direction may be given to the opposite parties to consider the case of the petitioner in the light of the aforesaid judgment passed by the tribunal.

4. Considering contention raised by learned counsel for the petitioner and after going through the records, this Court is of the considered view that Annexure-10 is liable to be quashed and is hereby quashed. The matter is remitted back

to the opposite party no.4 to reconsider the case of the petitioner once again, taking into consideration the judgment of the tribunal in Dusasan Biswal v. State of Orissa, (2012) 1 ATT (OAT) 309, and pass a reasoned and speaking order as expeditiously as possible, preferably within a period of three months from the date of receipt of a certified copy of this order.

Issue urgent certified copy as per rules.

Ashok (DR. B.R. SARANGI) JUDGE