Durga Charan Swain & Others vs State Of Odisha & Others
2023 Latest Caselaw 4298 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                W.P.(C) No.12609 of 2023
                 Durga Charan Swain & others             ....           Petitioners
                                                          Mr. S. Patra, Advocate
                                            -versus-
                 State of Odisha & others                ....       Opposite Parties
                                                              Mr. I. Mohanty, ASC

                                         CORAM:
                            JUSTICE A.K. MOHAPATRA

                                             ORDER

Order No.                                   25.04.2023

    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard Mr. S. Patra, learned counsel appearing for the Petitioner as well as Mr. I. Mohanty, learned Addl. Standing Counsel for the State-Opposite Parties.

3. Learned counsel for the Petitioner submitted before this Court that earlier the Petitioners as well as the State of Odisha & others were before this Court in W.P.(C) No.27381 of 2019 and batch of other matters vide order dated 08.07.2022 a coordinate bench of this Court in para-19 and 20 of the judgment directed for preparation of the fresh combined inter se seniority list basing of the length of service in view of the Supreme Court judgment in Nirmal Kumar's case. After disposal of the earlier writ application the State has preferred a writ appeal bearing W.A. No.193 of 2023.

3. Learned Addl. Standing Counsel produce order dated 31.03.2023 passed in I.A. No.480 of 2023 arising in W.A. No.193 of 2023 as well as the order passed in I.A. No.478 of 2023. On perusal of the order above noted I.A. it appears that the order passed by the coordinate bench on 08.07.2022 in W.P.(C) No.27381 of 2019 has been stayed by // 2 //

a Division bench in the writ appeal.

4. At this juncture, learned counsel for the Petitioner submitted that the authorities have promoted some candidates in the meantime. Therefore, this type fresh cause of action. Accordingly, challenging such action he has filed the present writ application.

5. In view of the aforesaid facts, issue notice on the question of admission to the Opposite Parties.

6. Since Mr. Mohanty, learned Additional Standing Counsel accepts notice on behalf of the Opposite Party Nos.1 to 4, let four extra copies of the brief be served on him within three working days.

7. Requisites for issue of notice to Opposite Party Nos.5, 6 & 7 by registered post with A.D. be filed within a week.

8. Counter Affidavit, if any, be filed within six weeks.

8. List this matter in the 3rd week of July, 2023. I.A. No.5797 of 2023

9. Heard.

10. Notice as above.

11. Accepts one set of process fee.

12. As an interim measure, it is directed that any promotion made in the meantime shall be subject to the final outcome of W.A. No.193 of 2023.

Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra ) Judge Anil