D. Raju vs Sate Of Odisha And Others
2023 Latest Caselaw 8362 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                W.P.(C) No.19388 of 2022


                 D. Raju                                ....             Petitioner
                                                        Mr. R.K. Bisoi, Advocate

                                             -versus-

                 Sate of Odisha and others              ....          Opp. Parties

                                                             Mr. P.C. Das, A.S.C.


                             CORAM:
                            JUSTICE A.K. MOHAPATRA
                                        ORDER

Order No.                              01.08.2023
    02.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel 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:-

"In view of the aforesaid facts and circumstances as narrated above, it is ardently prayed that this Hon'ble Court be graciously pleased to quash the order under Annexure-17 and direct the Opp. Party No.1 to bring over the petitioner under work charged establishment from the date his juniors were brought over to work charged establishment under Annexure-8 along with all service and financial benefits within a time stipulation as fixed by this Hon'ble Court.

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And/or issue any other appropriate writ/writs, order/orders, direction/directions as deem fit and proper in the fitness of the case.

4. At the outset, it is submitted by the learned counsel for the Petitioner that the issue involved in the present writ petition has already been decided by this Court in Pramod Kumar Patra & others v. State of Odisha & others (W.P.(C) No.12498 of 2022 and a batch of other matters vide judgment dated 31.03.2023). He further submitted that the facts of the present case are squarely covered by the judgment of this Court in the above referred case. Learned counsel for the Petitioner further contended that the authorities have rejected the claim of the Petitioner vide order dated 19.07.2022 under Annexure-17 to the writ petition. Since the ground on which the representation of the Petitioner has been rejected has already been finally decided in the case of Pramod Kumar Patra (supra), the impugned order under Annexure-17 needs to be quashed and the matter be remanded to the authority to consider the matter afresh.

5. Learned Additional Standing Counsel appearing for the State- Opposite Parties, on the other hand, submitted that the representation of the Petitioner has been duly considered pursuant to the order passed by this Court in W.P.(C) No.36103 of 2021 disposed of vide order dated 18.11.2021. Therefore, the Opposite Party No.1 has not committed any illegality while passing the impugned order under Annexure-17 to the writ petition. In such view of the matter, the learned Additional Standing Counsel submitted that in the event the issue involved in the present writ petition has already been adjudicated in Pramod Kumar Patra's case (supra), then he will have no objection in the event a direction is given to the Opposite Party No.1 to consider the case of the Petitioner afresh keeping in view the // 3 //

judgment of this Court in Pramod Kumar Patra's case (surpa) within a stipulated period of time.

6. Considering the submission made by the learned counsels appearing for the respective parties and keeping in view the background facts of the present case, this Court deems it proper to dispose of the writ petition at the stage of admission by setting aside the impugned order dated 19.7.2022 under Annexure-17 to the writ petition and further the Opposite Party No.1 is directed to reconsider the case of the Petitioner keeping in view the judgment of this Court in Pramod Kumar Patra's case (supra) within a period of two months from the date of communication of a certified copy of this order by the Petitioner. The Petitioner is directed to approach the Opposite Party No.1 with a certified copy of this order and a copy of the judgment in Pramod Kumar Patra's case (supra) within three weeks from today. The final decision to be taken by the authority in the manner as has been directed hereinabove shall be communicated to the Petitioner within two weeks thereafter.

7. With the aforesaid observation and directions, this 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: 06-Aug-2023 13:34:38