Gajendra Prasad Palai And vs State Of Odisha And Others
2021 Latest Caselaw 11844 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            W.P.(C) No. 35564 of 2021

            Gajendra Prasad Palai and             ....                             Petitioners
            others
                                                                       Mr. K.C. Sahu, Adv.
                                                  -Versus -
            State of Odisha and others            ....                       Opposite Parties
                                                                             State Counsel


                    CORAM:
                     DR. JUSTICE B.R. SARANGI
                                        ORDER

17.11.2021

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

2. Heard Mr. K.C. Sahu, learned counsel for the petitioners and Mr. H.M. Dhal, learned Addl. Government Advocate.

3. The petitioners have filed this writ petition challenging the order dated 18.03.2021, by which their claim with regard to antedating the order of regularization has been rejected.

4. Mr. K.C. Sahu, learned counsel for the petitioners contended that seeking selfsame relief one Ajay Kumar Behera approached the tribunal by filing O.A. No.1821 of 2015 which was disposed of vide order dated 21.07.2017 directing the authority to extend the benefits to the petitioners. Against the said order, State preferred writ petition before the Division Bench of this Court in W.P.(C) No.4099 of 2021, which was dismissed vide order dated 20.04.2021 confirming the order passed by the tribunal. It is contended that similar question had come up for consideration before this Court in W.P.(C) No.34606 of 2020 (Manas Ranjan

Pattnaik and others v. State of Odisha) which was disposed of on 13.04.2021 granting relief to the petitioner. Therefore, direction may be given to the authorities to antedate the regularization of the petitioners from the date of their initial appointment.

5. Considering the contention raised by learned counsel for the parties and after going through the records, this Court is of the considered view that the petitioners are entitled to the relief with regard to regularization antedating from the date of their initial appointment. Therefore, the office order dated 18.03.2021 under Annexure-8, having been passed without taking into consideration the judgments and order passed by this Court as mentioned supra, the same cannot sustain in the eye of law and is liable to be quashed and is hereby quashed. Accordingly, the matter is remitted back to the opposite party no.3-Director, Public Health to reconsider the same and pass appropriate order in accordance with law, taking into consideration the judgment passed by this Court in Manas Ranjan Pattnaik mentioned supra (Annexure-10) and the order dated 20.04.2021 passed in W.P.(C) No.4099 of 2021 (Annexure-11), as expeditiously as possible, preferably within a period of three months from the date of production of a certified copy of this order.

6. The writ petition is accordingly disposed of.

Issue urgent certified copy as per rules.

Ashok                                                   (Dr. B.R. Sarangi)
                                                             Judge