Prafulla Kumar Rath vs State Of Odisha And Others
2021 Latest Caselaw 12466 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                         WPC (OA) No. 508 of 2003

Prafulla Kumar Rath                      .....                       Petitioner
                                                Mr. P.K. Mohapatra, Advocate
                                    Vs.
State of Odisha and others            .....                     Opposite parties
                                                             Mr. N.K. Praharaj,
                                                             Standing Counsel
             CORAM:
                DR. JUSTICE B.R. SARANGI
                                           ORDER

04.12.2021

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

2. Heard Mr. P.K. Mohapatra, learned counsel for the petitioner and Mr. N.K. Praharaj, learned Standing Counsel.

3. The petitioner has filed this writ petition seeking to declare sub-section (2) of Section 3 of Orissa Service of Engineer (Validation of Appointment) Act, 2002 as ultra vires, and to issue direction to opposite parties no.1 and 2 to consider his case and promote him to the rank of Assistant Executive Engineer from the date opposite party no.3 was promoted and give him all consequential financial and pensionary benefits within a stipulated time.

4. Mr. P.K. Mohapatra, learned counsel for the petitioner fairly contended that the case of the petitioner is squarely covered by the judgment of the apex Court in case of Amarendra Mahapatra v. State of Odisha, AIR 2014 SC 1716, more specifically clause-2 of paragraph-75 of the said judgment. Therefore, direction may be given to the opposite parties to consider the case of the petitioner in the light of clause-2 of paragraph-75 of the aforesaid judgment.

5. Mr. N.K. Praharaj, learned Standing Counsel contended that if the case of the petitioner is squarely covered by the judgment of the apex Court in the case of Amarendra Mahapatra mentioned supra, this case may be disposed of directing the authority to consider the case of the petitioner in the light of the aforesaid judgment.

6. Having heard learned counsel for the parties and after going through the records, this writ petition stands disposed of directing opposite party no.1 to consider the case of the petitioner in the light of the judgment of the apex Court in the case of Amarendra Mahapatr mentioned supra, more specifically clause-2 of paragraph-75 of the said judgment, and pass appropriate order in accordance with law, as expeditiously as possible, preferably within a period of four months from the date of production of certified copy of this order.

Issue urgent certified copy of this order.

Ashok                                    DR. B.R. SARANGI,
                                              Judge