Citation : 2021 Latest Caselaw 6501 Ori
Judgement Date : 23 June, 2021
W.P.(C) No. 12525 of 2021
02 23.06.2021 The matter is taken up by video conferencing
mode.
Heard Mr. B. K. Sharma, learned counsel for the
petitioner.
The petitioner has filed this writ petition seeking
direction to the opposite parties to bring him to the
regular establishment in view of Finance Department
Circular dated 22.01.1965 under Annexure-2 and
Finance Department Resolution dated 15.05.1997
under Annexure-3.
Mr. B. K. Sharma, learned counsel for the
petitioner contended that the case of the petitioner is
squarely covered by the ratio decided by this Court in
W.P.(C) No.7753 of 2016 (State of Odisha v.
Hadibandhu Bhoi) disposed of 03.01.2019 and
Chandranandi v. State of Odisha, 2021 (I) OLR 688.
Therefore, direction be issued to consider the case of
the petitioner in the light of the ratio decided in the
aforesaid cases and Finance Department Circular dated
22.01.1965 under Annexure-2 as well as Finance
Department Resolution dated 15.05.1997 under
Annexure-3.
Considering the contentions raised by learned
counsel for the petitioner and after going through the
records, this Court disposes of the writ petition
permitting the petitioner to make grievance before the
authority as per the pleadings made in the writ petition
within a period of 15 days annexing Finance
Department Circular dated 22.01.1965 under
Annexure-2 as well as Finance Department Resolution
dated 15.05.1997 under Annexure-3 and the copy of
the judgment under Annexure-7 and Chandranandi
(supra). In the event the petitioner files such
representation along with the aforesaid judgments and
circular and resolution of the Finance Department, the
authority shall consider and pass appropriate order
taking into consideration of the same within a period of
three months thereafter
With the aforesaid observation and direction, the
writ petition is disposed of.
As the restrictions due to resurgence of COVID-19
situation are continuing, learned counsel for the parties
may utilize a print out of the order available in the High
Court's website, at par with certified copy, subject to
attestation by the concerned advocate, in the manner
prescribed, vide Court's Notice No.4587 dated 25th
March, 2020, as modified by Court's notice no. 4798
dated 15th April, 2021.
...............................
Alok DR. B.R. SARANGI, J.
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