Orissa High Court
Pratap Kumar Pattanaik And vs State Of Orissa And Others on 5 May, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.10100 of 2022
Pratap Kumar Pattanaik and .... Petitioners
another
Mr. K.P. Mishra, Sr. Advocate
-versus-
State of Orissa and others .... Opposite Parties
Mr. YSP Babu, AGA for State
CORAM:
JUSTICE A.K.MOHAPATRA
ORDER
05.05.2022
Order No.
02. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical Mode).
2. Heard learned counsel for the Petitioner and learned counsel
for the State.
3. The writ petition involves the following prayer:
"Under the aforesaid facts and circumstances, it is therefore,
prayed that this Hon'ble Court may graciously be pleased to:
(i) Quash the Order of disengagement of the Petitioners
from their services as Peon and Jr. Grade Diarist,
dated 01.11.2021 under Anenxure-7, passed by the
Opp. Party No.6 by concurrently holding the same as
illegal, improper and not sustainable in the eye of
law;
(ii) Direct/order the Opp. Parties to allow the Petitioners
to continue in their services and reconsider their cases
as per the Letter, dated 12.01.2022 under Annexure-8
of the learned Chairperson of OSCPCR and
representation, dated 15.01.2022 under Annexure-9
of the Petitioner to the learned Chairperson of the
OSCPCR;
(iii) Direct/order the Opp. Parties to allow the Petitioners
to continue in their respective services and regularize
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them as the posts, in which they are continuing as
approved posts;
(iv) Pass such other order(s) or issue direction(s) as may
be deemed fit and proper in the bona fide interest of
justice;
And for this act of kindness, the Petitioners as in duty bound
shall ever pray."
4. It is submitted by learned counsel for the Petitioners that
Petitioners are working on being engaged by Outsourcing Security
Agency for last 11 years at the Orissa Commission for Protection of
Child Rights (OSCPCR). It is further submitted by learned counsel
for the Petitioners that after having worked for long 11 years with a
meager salary at the OSCPCR, the Agency is contemplating to
recruit new persons/outsiders on contractual basis in place of the
present Petitioners. Accordingly, show-cause notice has been issued
by the said Security Agency on 28.10.2021. It is further submitted
by learned counsel for the Petitioners that while the matter stood
thus, the Odisha Group 'C' and 'D' posts (Contractual Appointment)
Rules, 2013 came into force, vide G.A. Department Notification
dated 12.11.2013. It is submitted that in view of such Notification,
Petitioners are eligible to be regularized/absorbed in the services.
However without considering their cases for regularization under the
aforesaid rules and in view of the judgment of this in the case of
Rashmi Rekha Dash vs. State Of Odisha & Another, passed in
W.P(C) Nos. 16906 of 2020 and a batch of case, decided on
23.11.2021, the services of the Petitioners have been improperly
disengaged w.e.f. 01.11.2021. Learned counsel for the Petitioners further
submits that now the Petitioners are over aged and they will not be able to
apply for any other services. It is further submitted by learned counsel for
the Petitioners that Petitioners have submitted a detailed representation to
the Chairperson, Odisha State Commission for Protection of Child Rights,
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Bhubaneswar, Opposite Party No.5 on 15.01.2022 (Annexure-9). It is
stated that the same is still pending for consideration before the Opposite
Party No.5.
5. Learned counsel for the State on the other hand submits that in
the event direction is given to the Opposite Party No.5 to consider the
representation of the Petitioners dated 15.1.2022 within a stipulated
period of time, the same will suffice the purpose and he has no objection
to the same.
6. Considering the aforesaid submissions, this Court disposes of the
writ petition with a direction to Opposite Party No.5 to consider the
representation of the Petitioners dated 15.1.2022 (Annexure-9) within a
period of two months from the date of production of certified copy of this
order. Opposite Party No.5 is further directed to consider the
representation of the Petitioners in the light of the Rules, 2013 and the
judgment in the case of Rashmi Rekha Dash (supra) and shall dispose of
the same by passing a speaking and reasoned order within the aforesaid
time. The decision so taken shall be communicated to the Petitioner
within a period of two weeks thereafter.
7. With the aforesaid direction, the writ petition stands disposed of.
8. Till a decision is taken on the representation of the
Petitioners, the Petitioners shall be allowed to continue in the
services they are continuing as of now.
9. Urgent certified copy of this order be granted on proper
application.
(A.K. Mohapatra)
Judge
U.K.Sahoo
