Orissa High Court
T. Jogeswar Rao vs State Of Odisha on 18 November, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPC(OAC) No.2813 of 2016
T. Jogeswar Rao .... Petitioner
Mr. B.S. Tripathy,
Advocate
-versus-
State of Odisha .... Opp. Party
Mr. H.M. Dhal,
Additional Government Advocate
CORAM:
JUSTICE BISWAJIT MOHANTY
ORDER
Order No.
18.11.2021
I.A. No.1850 of 2021
13. This matter is taken up through video conferencing mode.
This is an application for recalling the order dated
04.02.2021 passed in WPC(OAC) No.2813 of 2016.
Heard Mr. B.S. Tripathy, learned counsel for the petitioner
and Mr. Dhal, learned Additional Government Advocate.
According to Mr. Tripathy, the petitioner has filed O.A.
No.2813 of 2016 before the Cuttack Bench of erstwhile Odisha
Administrative Tribunal seeking regularization of his service as
Assistant Software Engineer as per the G.A. Department
Resolution No.4591 dated 15.02.2014. On 02.08.2019 by virtue
of the notification issued by the State Government, the above
noted Tribunal got abolished. Following the practice prevailing
then, the petitioner filed W.P.(C) No.21155 of 2019 for transfer of
the above noted O.A. from Tribunal to this Court which was
disposed of on 15.11.2019 permitting the petitioner to move an
application for transfer of the above mentioned original
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application. On motion being made, the said application was
transferred to this Court and was registered on 07.02.2020 as
WPC(OAC) No.2813 of 2016 i.e. the present case. However, as
there was difficulty in listing of the above noted case due to
Covid restriction and since the last extension of the petitioner
was going to expire on 22.11.2020, apprehending
disengagement and in view of the judgment of this Court in a
similar case, the petitioner along with two others filed W.P.(C)
No.20965 of 2020 which came to be disposed of vide order dated
28.08.2020 directing the State to regularize the services of the
petitioners therein in the manner as indicated in the said order.
He further submits that while filing W.P.(C) No.20965 of 2020,
the petitioner has disclosed about the pendency of WPC(OAC)
No.2813 of 2016. In the background of disposal of W.P.(C)
No.20965 of 2020, the petitioner filed a memo in the present
case i.e. WPC(OAC) No.2813 of 2016 on 02.02.2021 stating
therein that in view of the order dated 28.08.2020 passed in
W.P.(C) No.20965 of 2020, the transferred writ application i.e.
WPC(OAC) No.2813 of 2016 has become infructuous and
accordingly, prayed for withdrawal of the said case i.e WPC(OAC)
No.2813 of 2016. In such background, order dated 04.02.2021
was passed by this Court dismissing the said petition as
withdrawn. He further submits that after passing of the
dismissal order in W.P.(C) No.20965 of 2020, Writ Appeal
No.151 of 201 was filed challenging the order dated 28.08.2020
passed in W.P.(C) No.20965 of 2020 and the same came to be
disposed of on 13.07.2021 restoring W.P.(C) No.20965 of 2020
for fresh hearing. While hearing was going on in W.P.(C)
No.20965 of 2020, a plea was taken by the Government that the
petitioner is not entitled to any relief as similar prayer made by
the petitioner in WPC(OAC) No.2813 of 2016 has been dismissed
on withdrawal on 04.02.2021. It is in this background, the
present interlocutory application has been filed for recalling the
said order. Mr. Tripathy submits that unless the said order is
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recalled, then grave injustice would be done to the petitioner.
Factual background as narrated by Mr. Tripathy has not
been disputed.
Considering the submissions made and taking a holistic
view of the matter and in the interest of justice, this Court
allows the prayer of the petitioner for recalling the order dated
04.02.2021 and, accordingly, WPC(OAC) No.2813 of 2016 is
restored to file.
The I.A. is disposed of accordingly.
Urgent certified copy of this order be granted on proper
application.
( Biswajit Mohanty)
Judge
I.A. No.723 of 2021
14. Heard,
In view of the order passed in I.A. No.1850 of 2021, Mr.
Tripathy, learned counsel for the petitioner does not want to
press this application and prays for withdrawal of the same.
Considering the submission made, this I.A. is disposed of
as withdrawn.
Prasant
( Biswajit Mohanty)
Judge
