Orissa High Court
Sukanta Kumar Parhi vs State Of Odisha & Others on 31 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.27874 of 2021
Sukanta Kumar Parhi .... Petitioner
Ms. Babita Kumari Pattanaik, Advocate
-versus-
State of Odisha & others .... Opposite Parties
Mr. N.K. Praharaj, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 31.08.2023
02. 1. These matters are taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel appearing for the Petitioner and
learned Additional Government Advocate appearing for the
State-Opposite Parties. Perused the writ petition as well as the
documents annexed thereto.
3. The present writ petition has been filed by the Petitioner
with the following prayers:-
It is therefore humbly prayed that this
Hon'ble Court may graciously be pleased to admt
the case, call for the records and after hearing both
the parties pass the following reliefs;
i) To direct the Opp. Parties to regularize the
service of the petitioners as per G.A. department
Resolution dated 17.9.2013 taking into account the
ratio of the judgment of this Hon'ble court in
// 2 //
W.P.(C) No.6661 of 2018 as well as per the ratio
decided in the case of Secretary, State of Karnataka
versus Umadevi (AIR 2006 SC 1806) and State of
Karnataka Vrs. M.L. Keshari (2010) 9 SCC 243
and to pay the regular and arrear salary along with
other service and financial benefits within a
stipulated period.
ii) And pass such other order/orders,
direction/directions as deem fit and proper."
4. On perusal of the record, it appears that a coordinate
Bench of this Court disposed of the writ petition vide order dated
21.9.2021 with an observation that the case involved in the
present writ petition is squarely covered by the ratio laid down
by a coordinate Bench of this Court in Patitapaban Dutta Dash
and others v. State of Odisha and others (W.P.(C) No.19951 of
2020, disposed of on 9.9.2021) with a further direction to
regularize the service of the Petitioner with all consequential
service benefits within a period of two months from the date of
communication of order dated 2.1.1992. Being aggrieved by the
order passed by a coordinate Bench of this Court, the State-
Opposite Parties has preferred a writ appeal bearing W.P.
No.592 of 2023. A Division Bench of this Court vide order dated
4.5.2023 while setting aside the order passed by the coordinate
Bench remanded the matter to this Court for fresh hearing of the
matter after filing of the counter affidavit.
5. On perusal of the order dated 4.5.2023, it appears that the
Hon'ble Division Bench has granted time till 21st August, 2023
for filing of counter affidavit. However, no counter affidavit has
// 3 //
been filed as of now.
6. On the contrary, this Court observed that the order dated
9.9.2021 in W.P.(C) No.19951 of 2022 on the basis of which the
earlier writ petition was disposed of has already been confirmed
in the writ appeal bearing W.A. No.777 of 2021 decided on
12.4.2023 confirming the judgment dated 9.9.2021 of the
learned coordinate Bench.
7. Learned Additional Government Advocate appearing for
the State-Opposite Parties, at this juncture, submitted that the
judgment delivered by the learned coordinate Bench as well as
the Hon'ble Division Bench has been challenged before the
Hon'ble Supreme Court at the instance of the State-Opposite
Parties. However, he further submitted that although there is no
stay of operation of the judgment of this Court, however, the
Hon'ble Supreme Court has observed that no contempt
proceeding shall be initiated on the basis of the judgments
passed by different Benches of this Court.
8. In such view of the matter, this Court finds no illegality in
directing the Opposite Parties to consider the case of the
Petitioner in the light of the decision in Patitapaban Dutta Dash's
case (supra) and if the Petitioner stand in the similar footing, the
service of the Petitioner be regularized along with all
consequential service and financial benefits as was directed
earlier by the coordinate Bench vide order dated 21.9.2021
within a period of further two months from the date of
// 4 //
communication of a copy of this order. However, it is further
made clear that the regularization of service of the Petitioner
shall be subject to the final outcome of the appeal pending
before the Hon'ble Supreme Court.
9. With the aforesaid observation and direction the writ
petition is disposed of.
( A.K. Mohapatra )
Judge
Debasis
Signature Not Verified
Digitally Signed
Signed by: DEBASIS AECH
Designation: Secretary
Reason: Authentication
Location: OHC CUTTACK
Date: 08-Sep-2023 10:59:05
