Braja Kishore Das vs State Of Odisha And Others
2021 Latest Caselaw 11060 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          W.P.(C) No. 31212 of 2021

Braja Kishore Das                         .....                          Petitioner

                                                     Mr. B. Routray, Sr. Advocate
                                   Vs.
State of Odisha and others                .....                    Opposite parties

                                                                    State Counsel

             CORAM:
                 DR. JUSTICE B.R. SARANGI

                                            ORDER

28.10.2021 Order No. This matter is taken up through hybrid mode.

2. Heard learned counsel for the parties.

3. The petitioner has filed this writ petition claiming for prospective regularization of service from the date of initial joining instead of, from the date of regularization of service has been made vide Annexure-9.

4. Mr. B. Routray, learned Senior Advocate appearing on behalf of the petitioner states that this Court has already decided the issue in WPC (OAC) No. 1074 of 2017 and WPC (OAC) No. 1956 of 2017 disposed of 07.10.2021, wherein it has been held that the regularization is to made from the date of their joining instead of date of issuance of the letter. However, while regularizing the service of the petitioner under Anenxure-9, since the authorities have not taken into consideration the ratio decided by this Court in the said writ petition, the petitioner may be permitted to file a representation to the authority incorporating the judgment of this court passed in the aforesaid writ petitions.

5. In view of the above, this Court permits the petitioner to file a fresh representation within a period of two weeks hence ventilating his grievance and bringing to the notice of the authority about the aforesaid judgment of this Court. In the event the petitioner files such representation along with the copy of the order, the authority concerned shall consider the same and pass appropriate order in accordance with law within a period of three months thereafter.

6. The writ petition is accordingly disposed of.

Arun                                       (DR. B.R. SARANGI)
                                                 JUDGE