2 01.02.2021 This Matter Is Taken ... vs This Writ Petition Involves The ...
2021 Latest Caselaw 1121 Ori

           W.P.(          C.M.P.
                              W.P.(C)
                                 No.1360
                                      No.3370
                                         of 2015of 2021




2   01.02.2021           This    matter   is   taken   up    through    Video
                    conferencing.
                          Heard learned counsel for the petitioner.
                         This writ petition involves the following prayer:
                          "It is therefore prayed that this Hon'ble Court may
                    graciously be pleased to issue Rule NISI calling upon
                    the Opposite Parties and upon perusal of the cause
                    shown make the said Rule absolute and be further
                    pleased to:
                    1. Issue a writ of mandamus or any other appropriate
                        writ or order directing the Opposite Party No.2 to
                        regularize the services of the petitioner as Tax
                        Collector in the Office of the Angul Municipality with
                        all consequential service benefits in terms of the
                        principle decided in Secretary, State of Karnataka
                        and others Vrs. Umadevi and others (2006) 4 SCC
                        1 and in similar cases decided by this Hon'ble Court
                        in respect of Pattamundai Municipality vide order
                        dated      17.9.2019 in W.P.(C).No.7457 of 2018,
                        Athagarh Municipality vide order dated 25.2.2020 in
                        W.P.(C).No.7104 of 2020 and the petitioner's case
                        is squarely covered with the order dated 11.11.2020
                        passed by this Hon'ble Court in W.P.(C).No.24043
                        of 2020 under Annexure-11 within a time stipulated
                        by this Hon'ble Court.
                    2. Issue a writ of certiorari quashing the impugned
                        rejection order under Annexure-9 as wrong, illegal
                        and non-application of mind.
                          And pass such other order/orders as would be
                        deem fit and proper.
                        And for which kind act the petitioner as in duty bond
                        shall ever pray."
                           Looking to the limited request involved herein and as this
                 Court finds the representation of the petitioner involving the matter
                 vide Annexure-7 is pending consideration, this Court disposes of
                 the writ petition directing the opposite party no.1 to look into the
                 grievance of the petitioner vide Annexure-7 and take decision, as
                 appropriate,   taking into consideration the plea taken in the writ
                 petition so also taking into consideration the applicability of the
                 judgment/ order appearing at page 44 onwards of the brief within a
                                 -2-




         period of six weeks from the date of      communication of a copy of
         this order along with copy of the writ petition by the petitioner.
             As restrictions    are continuing for Covid-19, petitioner may
      utilize the soft copy of this order available in the High Court's Website
      or print out thereof at par with certified copies in the manner prescribed
      vide Court's Notification No.4587 dated 25.3.2020.



                                          ..................................

sks BISWANATH RATH,J