Abhaya Kumar Behera & vs State Of Odisha & Ors
2021 Latest Caselaw 9456 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    WP(C) No. 27161 of 2021

                 Abhaya Kumar Behera &              ....                     Petitioners
                 others
                                                             Mr. D.N. Rath, Advocate
                                                 -Versus -
                 State of Odisha & Ors.             ....           Opposite Parties
                                                     Standing Counsel for S & ME
                                                                     Department.

                            CORAM:
                             DR. JUSTICE B.R. SARANGI

ORDER_ 09.09.2021

Order No. The matter is taken up by video conferencing mode.

2. Heard Mr. D.N. Rath, learned counsel for the petitioner and learned Standing Counsel for School and Mass Education Department.

3. The petitioners have filed this writ petition seeking to quash the order dated 02.07.2021 under Annexure-14 passed by opposite party no.1 rejecting the claim for regularization of services in terms of the judgment passed by this Court in W.P.(C) No.31679 of 2011, disposed of on 05.03.2020 (Dhananjay Charan Dey & Ors. v. State of Orissa) which has been confirmed by the Division Bench of this Court vide order dated 02.02.2021 passed in W.A. No.10 of 2021.

4. Mr. D.N. Rath, learned counsel appearing for the petitioners contended that the order of rejection has been passed without application of mind and stated that in paragraph-6 of the said order reference has been made to the order dated 24.04.2018 passed in W.P.(C) No.4684 of 2018, which has been dismissed vide order dated 13.07.2021 under

Annexure-15 by the Division Bench of this Court. Further this Court while dismissing W.P.(C) No. 11218 of 2015 (Sushant Kumar Behera v. State of Odisha) vide judgment dated 01.09.2016 has observed that the Government Resolution dated 04.12.2013 has been withdrawn by the State Government vide Resolution dated 25.02.2016 governing the Career Advancement Policy for Gana Sikshyaks and the same is in force. Thereby, it is contended that since this Court has already held that the claim of the petitioners for regularization to be made pursuant to Resolution dated 16.02.2008, which has been confirmed by the Division Bench of this Court, the same has not been taken into consideration while passing the order impugned.

5. Issue notice.

6. Let four extra copies of the writ petition be served on learned Standing Counsel for School and Mass Education Department within three days, as he appears for opposite parties no.1 to 4 to enable him to obtain instructions or file counter affidavit.

(Dr. B.R. Sarangi) Judge A.K. Rana