Orissa High Court
Sanjaya Kumar Mala vs State Of Odisha And Others on 29 April, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.14134 of 2021
Sanjaya Kumar Mala .... Petitioner
Mr. Niranjan Lenka, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. Pravakar Behera, S.C. for Transport
CORAM:
JUSTICE A.K.MOHAPATRA
ORDER
29.04.2022
Order No.
08. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical Mode).
2. Heard learned counsel for the Petitioner and learned Standing
Counsel for the Transport Department.
3. The writ petition filed by the Petitioner involves the following
prayer:
"Therefore, it is prayed that this Hon'ble Court be graciously
pleased to admit the writ application, issue rule NISI in the
nature of writ of mandamus or any other writ/writs as deem fit
and proper calling upon the opposite parties to show-cause as to
why the order dtd.31.03.2021 passed by the Opp. Party No.4 vide
Anneuxre-7 and all actions pursuant thereto shall not be quashed
and they shall not be directed to regularize the service of the
petitioner with all service benefits.
In the event of the opposite parties fail to show-cause or show
insufficient cause said rule be made absolute.
And further be pleased to pass any order/orders,
direction/directions as deem fit and proper.
And for this act of kindness, the petitioner shall as in duty bound
ever pray."
// 2 //
4. Learned Standing Counsel for the Transport Department draws
attention of this Court to the order of this Court dated 03.03.2013, passed
in the case of WPC(OAC) No.1331 of 2013, wherein the very same
Petitioner had approached this Court for regularization of his service. This
Court by order dated 03.03.2022 has disposed of the said writ petition
with a direction to the Authority to consider the case of the Petitioner for
regularization in the light of the judgments of the Hon'ble Supreme Court
judgments of the Hon'ble Supreme Court in the case of State of
Karnataka vs. Umadevi, reported in (2006) 4 SCC 1, in the case of
State of Karnataka and others vs. M. L. Kesari and others, reported
in (2010) 9 SCC 247 and in the case of Amarkant Rai vs. State of
Bihar and others, reported in (2015) 8 SCC 265.
5. Learned Standing Counsel further submits that in vide of the
order dated 03.03.2022 passed in WPC(OAC) No.1331 of 2013 has
become infructuous as similar prayer is there in the present writ
petition.
6. Learned counsel for the Petitioner on the other hand submits
that besides the prayer of regularization of the Petitioner, the Present
writ petition has been filed challenging the order dated 31.03.2021
under Annexure-7 passed by the Collector, Puri, in Misc. Case
No.03/RTA/2021, arising out of order passed by Hon'ble High
Court in connection with W.P.(C) No.5226 of 2021.
7. Considering the aforesaid factual aspect and the submissions
made by the respective parties, this Court keeping in view the
direction of this Court dated 03.03.2022 passed in W.P.(C) OAC
No.131 of 2013, the order of the Collector, Puri in Misc. Case
No.03/RTA/2021 is set aside and the matter is relegated back to the
// 3 //
Opposite Party No.1 to reconsider the matter in the light of the order
dated 3.3.2022 passed in WPC(OAC) No.1331 of 2013.
8. With the aforesaid direction, this Writ Petition stands
disposed of. Further it is directed that till a decision is taken in the
matter, the service of the Petitioner shall not be disturbed.
9. Issue urgent certified copy as per rules.
(A.K. Mohapatra)
Judge
U.K.Sahoo
