Laxmipriya Sahu vs State Of Odisha & Others
2022 Latest Caselaw 1617 Ori

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                           WPC(OAC) No. 3834 of 2011

            Laxmipriya Sahu                        ....             Petitioner

                                    Mr. K.K. Swain, Advocate

                                    -versus-
            State of Odisha & others               ....           Opp. Parties

                                    Mr. S. Jena, SC ( S & ME)

                                       CORAM:
                                 JUSTICE M.S. SAHOO

                                 ORDER

Order No. 03.03.2022

02. This matter is taken up through hybrid mode.

Learned counsel for the petitioner as well as learned Standing Counsel are heard at some length regarding their respective contentions and propositions. After hearing learned counsel, they are answer the following propositions that arise for consideration.

Learned counsel for the petitioner relies on the decision of this Court i.e. the order dated 09.03.2015 passed in W.P.(C) No.19921 of 2010, wherein Annexure-10 to the said writ petition i.e. the order dated 11.11.2010 passed by the Collector, Subarnapur cancelling the appointment of the petitioner therein was set aside.

Learned Standing Counsel submits that he may be provided the copy of the order dated 09.03.2015 relied on by the petitioner so as to enable him to respond to the same. Learned counsel for the petitioner would also provide the copy of the order dated 14.05.2015 passed in W.P.(C) No.20013 of 2010, relied upon by him to the learned Standing Counsel. RJ In response to the submissions of the learned counsel for the petitioner that the petitioner in the present writ petition was appointed vide advertised vacancies (as at Annexure-9 dated 21.04.2003) indicating a cumulative vacancy of 449 i.e. // 2 //

320 for Khurda and 129 for Bhubaneswar Education district, learned Standing Counsel seeks some further time to clarify the issue by seeking instruction from the appropriate authority.

It is further submitted by the learned counsel for the petitioner, following the ratio of the decision rendered in W.P.(C) No.11748 of 2003 decided on 29.04.2004 (Hrushikesh Bindhani and others vrs. State of Odisha & others) that if the appointments were made beyond the advertised vacancy, the said appointments would be held to be illegal and those appointments which have been made as per the existing available vacancies cannot be declared illegal.

Learned Standing Counsel submits that he shall respond to the said proposition.

To sum up the arguments, learned Standing Counsel submits that the petitioner responded to the subsequent advertisement after pronouncement of Hrushikesh Bindhani(supra) and their earlier appointments were cancelled.

Learned counsel for the petitioner seeks further time to make his submissions and also submits that there are some judgments of this Court as well as Hon'ble Supreme Court which are in favour of the petitioner.

As prayed for by the learned counsel for the parties, list on 6th April, 2022 along with WPC(OAC) No.3833 of 2011.

By the said date, learned counsel are requested to exchange their pleadings/citations and submit the date chart indicating the details of events chronologically.

(M.S. Sahoo) Judge