Tapan Charan Sahu And Another vs State Of Odisha And Others
2023 Latest Caselaw 10188 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C) No.27072 of 2023

                 Tapan Charan Sahu and another         ....             Petitioners
                                                            Mr.K.C.Sahu, Advocate

                                            -versus-

                 State of Odisha and others            ....      Opposite Parties
                                                            Mr. Saswat Das, A.G.A.
                                         CORAM:

                           JUSTICE A.K. MOHAPATRA
                                           ORDER

Order No.                                 28.08.2023
    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel for the Petitioners as well as the learned Additional Government Advocate. Perused the Writ Petition as well as the documents annexed thereto.

3. The present Writ Petition has been filed with the following prayer :

" It is therefore rayed that the Hon'ble Court be graciously pleased to pass following relief(s):-

i) The Hon'ble Court be pleased to admit and allow this Writ Petitioner,

ii) The Hon'ble Court be pleased by directing the Opp.Parties for regular induction/regularization of the services of the Petitioners as regular Lab. Technicians in view of the statutory rules under Annexure-5 if necessary by invoking the relaxation provision contained under Rule-20 of Rules 2019 so also keeping in view of the judgment dated 11.12.2021 passed in W.P.(C) No.33301/2020 & batch will al consequential benefits from the date of commencement of the rules within a time bound period by further declaring/holding the action of the Government recommending for induction/regularization of other contractual Lab.

// 2 //

Technicians including juniors as per annexure-9 (series) as illegal discriminatory & not sustainable in the eye of law.

iii) The Hon'ble Court be pleased to pass any other order(s) direction(s) as deems fit and proper for the bonafde interest of justice."

4. It is submitted by Mr.K.C.Sahu, learned counsel for the Petitioners that the issue involved in the present Writ Petitions is directly or substantially the issue in W.P.(C) No.33301 of 2020 and batch of other matters, which was disposed of by a coordinate Bench of this Court by judgment dated 11.12.2021. He further contended that the petitioners, who are working as contractual Laboratory Technicians for almost 16 years, are covered by the ratio decided in the aforesaid judgment.

5. Learned Additional Government Advocate on the other hand submitted that in the event it is found by the authority that the case of the Petitioners is squarely covered by the ratio laid down by this Court in the case of Akhila Kumar Naik and others-v.-State of Odisha and others and he has no objection in the event a direction is given to the Opp.Parties to consider the case of the Petitioners keeping in view the law laid down by this Court in Akhila Kumar Naik (supra)

6. In view of the aforesaid submissions made by the learned counsel for the parties and on a careful examination of the background facts of the present case, this Court deems it proper to dispose of the Writ Petition by directing the Petitioners to approach the Opposite Party No.1 along with a certified copy of this order and a copy of the judgment in Akhila Kumar Naik (supra) within a period of three weeks from today. In the event the Petitioners approach the Opposite Party No.1, the Opposite Party No.1 shall do well to consider the case of the Petitioners keeping in view the judgment delivered by a coordinate Bench in Akhila Kumar Naik's case (supra) and in the event the Opposite Party No.1 comes to a conclusion that the fact of the // 3 //

Petitioners' case is identical to the fact involved in Akhila Kumar Naik's case (supra) then similar benefit be extended in favour of the Petitioners keeping in view law laid down in the aforesaid case within a period of two months from the date of taking such a decision. The decision so taken be communicated to the Petitioners.

7. With the aforesaid observation the Writ Petition stands disposed of.

8. Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra ) Judge RKS

Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 01-Sep-2023 16:38:49