Orissa High Court
Hemant Kumar Behera And Others vs State Of Odisha And Others on 10 March, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.5787 of 2022
Hemant Kumar Behera and others .... Petitioners
Mr. G.A.R. Dora, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. Y.S.P. Babu, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 10.03.2022
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
counsel for the State.
3. The present writ petition has been filed by the Petitioners
seeking a direction to the opposite parties to regularize their services
as per judgment dated 0302.2021 passed in W.P.(C) No.27950 of
2019 and judgment dated 19.07.2018 passed in W.P.(C) No.7499 and
7497 of 2017 within a reasonable period of time and further be
declared that they are entitled to regular absorption on completion of
30 years of service against the sanctioned post and also entitled all
consequential and full pensionary benefits.
4. It is submitted by learned counsel for the Petitioners that
although the Petitioners have filed a representation before the
Principal Secretary, Housing and Urban Development Department,
Bhubaneswar-Opposite Party No.1 on 31.12.2021 under Annexure-9,
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the said Opposite Party has not considered the grievances of the
Petitioners as of now. He further submits that despite several years
have been passed in the meantime, no decision has been taken on
such representation. Further he relied on the orders of the this Court
in the case of order dated 0302.2021 passed in W.P.(C) No.27950 of
2019 and order dated 19.07.2018 in W.P.(C) No.7499 and 7497 of
2017 and also keeping in view the judgment under Annexure-7 dated
16.02.2009 in the case of Prasanna Kumar Panigrahi vrs. General
Secreatary, RWSS Sarakari Motor Chalak Sangha and 4 others
passed in W.P.(C) No.10731 of 2008 under Annexure-7. It is further
submitted by learned counsel for the petitioners that the order under
Annexure-8 passed by this Court has also been implemented by the
authority vide order dated 24.02.2009, which has been annexed to the
writ petition.
5. Learned counsel for the State submits that he has no objection,
if a direction is given to the authorities to consider the representation
of the Petitioner within a stipulated period of time.
6. Having regard to the submissions made by learned counsel for
the parties, this Court directs the petitioners to approach the Principal
Secretary, Housing and Urban Development Department,
Bhubaneswar-Opposite Party No.1 along with relevant copies of the
judgment as stated hereinabove. In the event the petitioners submit
the relevant documents along with certified copy of this order, the
same shall be considered within a period of two months thereafter in
accordance with law. It is needless to mention here that the
representations of the Petitioner shall be considered by passing a
speaking and reasoned order on the same. Any decision taken on the
same shall be communicated to the Petitioner within a period of ten
days thereafter.
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7. It is also open for the petitioners to file any other
judgments/orders in support of their claims before the authority along
with certified copy of this order with the aforesaid period.
8. With the aforesaid direction, the writ petition stands disposed
of.
9. Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra )
Judge
Jagabandhu
