Orissa High Court
Bibekananda Dash & vs State Of Odisha & Ors on 7 December, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 32032 of 2021
Bibekananda Dash & .... Petitioners
others
Mr. B. Routray, Sr. Advocate
-versus-
State of Odisha & Ors. .... Opp. Parties
Mr. D. Mund, Addl. Govt.
Advocate
Mr. D. Mohapatra, Standing
Counsel for School and Mass
Education Department
CORAM:
JUSTICE M.S. SAHOO
ORDER
Order No.
07.12.2021
02. This matter is taken up through physical mode.
Heard Mr. B. Routray, learned Sr. Counsel being
instructed by Mr. S.K. Samal, learned counsel for the
petitioners, Mr. D. Mund, learned Addl. Govt. Advocate for
opposite party no.1 and Mr. D. Mohapatra, learned Standing
Counsel for the School and Mass Education Department for
opposite parties 2 and 3.
It is submitted by Mr. Routray, learned Sr. Counsel for the
petitioners that vide Annexure-8 to the writ petition issued by
opposite party no.1 dated 03.07.2016, the Government was
pleased to regularize the services of 201 numbers of Full Time
Resource Persons (FTRPS) working in different Govt. Vocational
Junior Colleges. The said details of FTRPS is enclosed with the
Office Order dated 03.07.2016. It is further submitted by him
that a coordinate Bench of this Court in WPC(OAC) No.1074 of
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2017 and WPC (OAC) No.1956 of 2017 vide judgment dated
07.10.2021, has passed the following order. Operative portion of
the judgment at para-27 is quoted herein:-
"27. In view of the aforesaid facts and
circumstances, this Court directs the opposite
parties to regularize the services of the petitioners
from the date of their joining as Full Time Resource
Persons, as indicated in Annexure-A to the
impugned order dated 03.07.2016 in Annexure-10.
Since the petitioners' services are regularized from
the date of their joining as indicated in Annexure-A
to the impugned order dated 03.07.2016 in
Annexure-10, they shall be entitled to continuity in
service for all other purposes except monetary
benefits. Consequentially, the office order dated
03.07.2016 under Annexure-10 is modified to the
extent that the services of the petitioners shall be
regularized with effect from "the date of their
joining" instead of "date of issuance of the letter."
It is further submitted by the learned Sr. Counsel for the
petitioners that their names find place as at Annexure-8 as
referred to above, Office Order dated 03.07.2016. It is further
submitted that the petitioners may be allowed to move the
appropriate authority seeking redressal of their grievances by
making fresh representation, being similarly situated, as to that
of the petitioners in the earlier writ petitions decided vide order
dated 07.10.2021 (supra).
Having heard learned counsel for the parties, the writ
petition is disposed of with the following observations:-
The petitioners, if so advised, may make a representation
enclosing copies of the order/judgment passed by this Court,
documents and any other relevant papers sought to be relied
upon by the petitioners. The appropriate authority on receipt of
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such representation, along with the certified copy of the order
passed by this Court, shall do well to consider and dispose of
the same in accordance with law, as expeditiously as possible,
preferably within a period of four months from the date of
communication of certified copy of the order, along with copy
of representation(s) and any other documents.
The order that is to be passed by the authority shall be
communicated to the petitioners within two weeks.
The petitioners shall have the liberty to take appropriate
follow-up action, as would be available under law, pursuant
to the order that would be passed by the authority.
However, it is clarified that this Court has not
expressed any opinion on the merits of the case, in any
manner, whatsoever.
Issue urgent certified copy as per rules.
(M.S. Sahoo)
Judge
RJ
