Odisha Public Service Commission vs Dr. Bikash Kumar Pattanayak &
2022 Latest Caselaw 3391 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK

                               WA No.918 of 2021

      Odisha Public Service Commission ....                      Appellant
                              Mr. Sanjib Swain, Standing Counsel for
                                                                 OPSC



                                     -versus-

      Dr. Bikash Kumar Pattanayak &      ....                 Respondents
      Another
                           Mr. K.P. Mishra, Sr. Advocate with
                           Mr. M.K. Rath, Advocate for Respondent No.1
                           Mr. M.K. Khuntia, Addl. Govt. Advocate for
                                                     Respondent No.2


                        CORAM:
                       JUSTICE JASWANT SINGH
                       JUSTICE M.S. RAMAN
                                     ORDER (Oral)

21.07.2022 Order No.

2. 1. This matter is taken up by virtual/physical mode.

2. It is contended that Dr. Bikash Kumar Pattanayak (Respondent No.1) while working on Ad hoc basis left for pursuing higher study without any proper application, sanction or approval as contemplated under Rule 179(2) to 193 of the Odisha Service Code. Thus, having no right to hold the post, not availed any benefit from the State from the period 2016 to 2019 and not being covered under the definition of "Govt. servant" is not covered within the meaning of "serving doctor" for availing the benefit in exemption of five years in the upper age limit as per proviso to Rule 7 of the Odisha // 2 //

Medical and Health Services (Method of Recruitment and Conditions of Services) Rules, 2017.

3. Based on the aforesaid, it is contended that the learned Single Judge has totally misdirected himself in proceeding to grant relief to Respondent No. 1 by ignoring impact of the aforesaid rules.

4. Issue notice to the Respondents for 2nd November, 2022.

5. Mr. M.K. Rath, Advocate and Mr. M.K. Khuntia, Addl. Govt. Advocate appear and waive off notice on behalf of the Respondent Nos. 1 to 2 respectively.

Let requisite number of copies of the writ appeal be served on him within three working days.

I.A. No. 2242 of 2021

6. Counsel for the parties heard on stay.

In the meanwhile, the operation of the impugned judgment dated 23rd September, 2021 passed by the learned Single Judge in WP(C) No. 3964 of 2020 shall remain stayed.

Issue urgent certified copy as per rules.

(Jaswant Singh) Judge

(M.S. Raman) Judge

AKs 21 July, 2022 Cuttack