Nrupanch Kishor Sahoo And vs State Of Odisha And Others
2022 Latest Caselaw 1013 Ori

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            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          W.P.(C) No. 3349 of 2022

Nrupanch Kishor Sahoo and           .....                             Petitioners
others
                                                        Mr. K.C. Sahu, Advocate
                                    Vs.
State of Odisha and others          .....                        Opposite parties

             CORAM:
                DR. JUSTICE B.R. SARANGI
                                            ORDER

03.02.2022 Order No. W.P (C) No. 3349 of 2022 & I.A. No. 1581 of 2022

This matter is taken up through video conferencing mode.

2. Heard Mr. K.C. Sahu, learned counsel for the petitioners.

3. The petitioners, who are working as Laboratory Technicians have approached this Court in the present writ petition seeking to quash the advertisement dated 24.11.2021 under Annexure-14 and not to fill up the posts of Lab Technician (s) pursuant to the said advertisement dated 24.11.2021 under Anenxure-14 in respect of Nabarangpur district till the regularization of the services of the petitioners is made pursuant to the judgment of this Court dated 11.12.2021 delivered in W.P.(C) No. 33301 of 2020 (Akhila Kumar Naik and others v. State of Odisha and others) and three others under Annexure-13 and the order of this Court under Annexure-12.

4. Mr. K.C. Sahu, learned counsel for the petitioners contended that the petitioners are discharging their duty for more than 15 years as Laboratory Technicians and they had approached

this Court for regularization of their services. This Court passed a judgment on 11.12.2021 in W.P.(C) No.33301 of 2020 under Annexure-13 directing the opposite parties to regularize the service of the petitioners like other paramedic employees in consonance with 2019 Rules. While the case of the petitioners are under consideration, fresh advertisement under Annexure-14 was issued on 24.11.2021 for regular recruitment of 1000 number of Laboratory Technicians. According to him, pursuant to the said advertisement if posts will be filled up, then the judgment passed by this Court as mentioned above, for regularization of service of the petitioners may be rendered unworkable, which will cause prejudice to the petitioners. This Court feels sufficient force in the contentions raised by learned counsel for the petitioners.

5. In view of the above, issue notice.

6. Three extra copies of the writ petition be served on Mr. J.P. Patnaik, learned Additional Government Advocate, appearing for opposite parties 1 to 3 within three days, for enabling him to obtain instruction and file counter affidavit.

6. Requisites for issuance of notice to opposite party no.4 by speed post be filed within three days. The notice be issued fixing short returnable date.

7. As an interim measure, it is directed that the process of recruitment to the post of Laboratory Technicians, 2021 pursuant to the advertisement No. 29/2020-1130 (C)OSSSC dated 24.11.2021 under Annexure-14 may continue, which shall be subject to result of the writ petition filed by the petitioners, till 09.03.2022.

8. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed, vide Court's Notice No.4587 dated 25th March, 2020, as modified by Court's Notice No. 4798 dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

Arun                                   (DR. B.R. SARANGI, J.)