2 01.02.2021 This Matter Is Taken ... vs Standing Counsel For The State
2021 Latest Caselaw 1123 Ori

           W.P.(        C.M.P.
                            W.P.(C)
                               No.1360
                                    No.3314
                                       of 2015of 2021




2   01.02.2021          This matter is taken up through Video conferencing.
                        Heard Sri Panda, learned counsel appearing for
                   the petitioner and Sri Ghose, learned Additional
                   Standing Counsel for the State.
                        This writ petition involves the following prayer:
                             "Under the aforesaid facts and circumstances of
                         the case, it is therefore, prayed that this Hon'ble Court
                         may graciously be pleased to issue Rule NISI calling
                         upon the opp. parties to show cause as to why a writ
                         in the nature of mandamus shall not be issued
                         directing the opp. parties to regularize the service of
                         the petitioner in the post of peon as per the judgment
                         passed by this Hon'ble Court in W.P.(C) No.3921 of
                         2006 decided on 16.07.2019 vide Annexure-5 which
                         has been confirmed by the Hon'ble Supreme Court
                         vide its order dated 17.11.2020 passed in SLP
                         No.9599 of 2020.
                             And further be pleased to direct the opp. parties to
                         give all consequential service benefits from the initial
                         date of appointment within a stipulated period and
                         upon perusal of causes shown if any or upon sufficient
                         causes shown make the said Rule absolute.
                             And pass any other order(s) or issue direction(s)
                         as may be deemed fit and proper in the bonafide
                         interest of justice.
                            And for which act of kindness, the petitioner as in
                         duty bound shall ever pray."

                        It is claimed by Sri Panda, learned counsel for the
                   petitioner that    present case is squarely covered by the
                   judgment of this Court dated 16.7.2019 vide W.P.(C) No.3921
                   of 2006. State counsel submits that let the authority be directed
                   to    look into the case of the petitioner in the light of the
                   judgment involving W.P.(C) No.3921 of 2006.

                        As the petitioner claims parity of the judgment/ order of
                   this Court in W.P.(C).No.3921 of 2006 disposed of on
                   16.07.2019, the case of the petitioner for regularization be
                   considered taking into applicability of the judgment/order
                   referred to hereinabove by taking decision, as appropriate,
                   within a period of six weeks from the date of communication of
                          -2-




       a copy of this order along with copy of the writ petition by the
       petitioner.
              The writ petition stands disposed of with the observation
       made hereinabove.
         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