Alok Mohanty vs State Of Odisha And Others
2023 Latest Caselaw 8360 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK


                                 W.P.(C) No.22851 of 2023

                 Alok Mohanty                          ....            Petitioner

                                                 Mr. P.K. Mohapatra, Advocate
                                            -versus-
                 State of Odisha and others            ....        Opp. Parties
                                                           Mr. S. Das, A.G.A.

                                        CORAM:

                            JUSTICE A.K. MOHAPATRA
                                        ORDER

Order No.                              01.08.2023
    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. Perused the writ application as well as documents annexed thereto.

3. The present writ petition has been filed by the petitioner with the following prayers:

"The petitioner therefore prays that this Hon'ble Court may graciously be pleased to:

(i) Direct the Opp. Parties to forthwith issue a formal order regularizing the service of the petitioner as Computer Programmer with effect from 11.3.2021 i.e. the date of his completing six years of service with all consequential service benefits as per G.A.

Dept. Resolution dated 17.09.2013 as has been given to other similarly situated persons vide Annexure-5 in the light of the decision of his Hon'ble Court dated 09.09.2021 in W.P.(C) No.19951 of 2020, // 2 //

which has been affirmed in W.A.

No.777/2021 vide Judgment dated 12.04.2023 and decision in W.P.(C) No.666a/2018, which has been affirmed in S.L.P.(C) No.18642/2018 and order dated 25.1.2019 in W.P.(C) No.22534/2018, which has been affirmed in /SLP (C) Diary No.38155/2019 and O.A. No.1585 of 2018, which has been affirmed by this Hon'ble Court and Apex Court in W.P.(C) No.18635 of 2019 and SLP(C) No.42047 of 2022 and order dated 25.08.2020 in W.P.(C) No.20769 of 2020 and the decision of the Hon'ble Supreme Court in the case of State of Karnataka vrs. Umadevi 3) reported in (2006) 4 SCC 1, State of Karnataka Vrs. M.L. Kesari, reported in (2010) 9 SCC 247, Amarkant Rai vr. State of Bihar (2015) 8 SCC265 for the interest of justice;

(ii) Pass such other order(s)/direction(s) as would deem fit and proper in the bonafide interest of justice;"

4. At the outset, it is submitted by learned counsel for the petitioner that the case of the petitioner is squarely covered by the ratio laid down in the case of Patitapaban Dutta Dash and others vrs,. State of Odisha and another and the copy of the judgment have been annexed as Annexure-6 to the writ application. Therefore, he further contended that the case of the petitioner be considered in the light of the ratio in the above noted case.

5. Learned Additional Government Advocate, on the other hand, submitted that at this juncture, as to whether the case of the petitioner is covered by the ratio laid down in the case of Patitapaban Dutta Dash and others vrs,. State of Odisha and another (supra). Therefore, in the event this Court directs to the authorities to consider the case of the petitioner, they should also be clarified and the // 3 //

authorities shall verify whether the facts of the present case ratio involved in the case of Patitapaban Dutta Dash and others(supra) is applicable or not.

6. Considering the submissions made by learned counsels appearing for the parties, keeping in view the limited nature of grievance involved in the present writ application, this Court deems it proper to dispose of the writ application at the stage of the admission by directing the Opposite Parties to examine the facts of the case of the petitioner. In the event the authorities come to the conclusion of the ratio involved in the case of Patitapaban Dutta Dash and others(supra) then similar benefits be extended to the petitioner within a period of two months from the date of production of certified copy of this order. Decision so taken shall be communicated to the petitioner within two weeks thereafter.

7. With the aforesaid observation/direction, the writ petition is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu

Signature Not Verified Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Secretary-in-Charge Reason: Authentication Location: ohc, cuttack Date: 02-Aug-2023 10:56:07