Patitapaban Dutta Dash And Others vs State Of Odisha And Others
2022 Latest Caselaw 2396 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No.9326 of 2022

            Patitapaban Dutta Dash and others            ....              Petitioners
                                                      Mr. B.S. Tripathy-1, Advocate

                                           -versus-

            State of Odisha and others                  ....       Opposite Parties
                                                      Mr. YSP Babu, AGA for State

                         CORAM:
                         JUSTICE A.K.MOHAPATRA

                                           ORDER

29.04.2022 Order No.

02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard learned counsel for the Petitioners and learned counsel for the State.

3. The present writ petition has been filed with a prayer for quashing the impugned letter dated 02.04.2022 issued by the Opposite Party No.1 holding that the same is bad, illegal and contrary to the directions of this Court dtd.03.02.2020 in W.P.(C) No.3678/2020 and dated 09.09.2021 passed in W.P.(C) No.19951 of 2020 read with letter No.6299 dated 24.2.2016 of the Govt. in Revenue Department under Annexure-10. The Petitioner has also prayed for a direction to comply with the judgment dated 09.09.2021 passed in W.P.(C) No.19951/2020 by regularizing the services of the Petitioners as DEOs with grant of all consequential service and monetary benefits.

4. It is submitted by learned counsel for the Petitioner that in the earlier round of litigation the Petitioner and several others have filed

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W.P.(C) No.19951/2020 for regularization of their services. This Court by judgment dated 09.09.2021 has finally allowed the writ petition with a direction to Opposite Parties to regularize the services of the Petitioners against the 692 posts of Junior Clerk created by the Government by abolition of Grade-1 Assistant Posts in the Consolidation. It is submitted that a direction was given to the Opposite Parties in the earlier writ petition for regularization of the Petitioner as Petitioner has already worked in the office of the Consolidation as Data Entry Operator and had gathered 10 years service experience for smooth running of the Office. Thereafter the State Government has preferred Writ Appeal against the judgment bearing W.A. No.777 of 2021. By order dated 18.11.2021, the Division Bench of this Court while considering the Writ Appeal posed a question to the learned Additional Government Advocate as to whether in the present case, HPC had considered the claim of the respondents in the writ appeal, in reply to the same, learned AGA sought some time to take instruction in the matter. Further the order dated 18.11.2021 reveals that Mr.Tripathy-1, learned counsel for the Petitioner had submitted that he does not intend to file any contempt application against the contemnors. While the matter stood thus, learned AGA draws attention of this Court to the letter dated 02.04.2022, issued by the Opposite Party No.1 under Annexure-18 to all Collectors regarding filing of requisition to Orissa Subordinate Staff Selection Commission, Bhubaneswar for filling up of 692 numbers of newly created posts of Junior Revenue Assistants. In this context, Mr.Tripathy-1, learned counsel for the Petitioners submits that the same is illegal on the ground that since 692 Junior Clerk posts were created after abolition of Grade-1 Junior Assistant, therefore, the question of filling up posts of Junior Assistance does not arise. That while the writ appeal is pending before the Division Bench for final consideration, the Authorities showing utter disrespect to the order of this Court had issued a Circular for taking steps for recruitment of the 692 posts of Junior Revenue Assistants, which is the subject matter in the writ appeal.

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Accordingly, learned counsel for the Petitioners urges to stay the circular dated 2.4.2022 under Annexure-18.

5. In such view of the matter, this Court deems it proper to issue notice to the Opposite Parties. Since learned AGA accepts notice on behalf of all the opposite parties, let three extra copies of the writ petition be served on him within a week. List this matter in the week commencing 18.07.2022.

I.A. No.4866 of 2022

6. Issue notice as above.

7. Heard learned counsel for the Petitioners.

8. As an interim measure, it is directed that 11 nos. of post of Junior Revenue Assistant pursuant to direction under Annexure-18 shall not be filled up in the district of Cuttack, till the next date of listing.

9. Issue urgent certified copy as per rules.

(A.K. Mohapatra) Judge U.K.Sahoo