Rajesh Kumar Panday vs State Of Odisha And Others
2023 Latest Caselaw 9001 Ori

Signature Not Verified
Digitally Signed
Signed by: RAMESH KUMAR SINGH
                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
Designation: Ex-A.R.-cum-Sr. Secretary
Reason: Authentication
Location: High Court of Orissa                          W.P.(C) No.28860 of 2022
Date: 14-Aug-2023 11:59:08


                                         Rajesh Kumar Panday               ....          Petitioner
                                                             Mr.Druga Prasad Nanda, Sr. Advocate
                                                                 -versus-
                                      State of Odisha and others           ....       Opp. Parties
                                                                              Mr.P.C.Das, A.S.C.
                                                   CORAM:
                                                  JUSTICE A.K. MOHAPATRA
                                                                 ORDER

         Order No.                                              10.08.2023
             04                     I.A.NO.10163 OF 2023 :

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

2. This Interlocutory Application has been filed by the Petitioner with a prayer to stay the operation of order dated 28.09.2022 under Annexure-14 till disposal of the Writ Petition and for a further direction to the opposite parties to pay the legitimate salary of the Petitioner from 31.12.2020 to 28.09.2022.

3. It is submitted by Mr.Nanda, learned senior Advocate appearing for the petitioner that this Writ Petition was heard in detail and the judgment was reserved. While this was the position, the Opposite Parties have issued an order on 01.06.2023 expressing their desire to fill up 13 different types of Group-C posts under the Odisha Government Press including the post of Graphic Designer at Sl.no. 13 of the Notification attached to the letter dated 01.06.2023. Since the said post is the subject matter of dispute in the present Writ Petition, it is contended before this Court that in the event the said post is filled up, the Petitioner will be highly prejudiced.

4. Learned Additional Standing Counsel on the other hand // 2 //

Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH submitted that since the posts are advertised for recruitment to the Designation: Ex-A.R.-cum-Sr. Secretary Reason: Authentication Location: High Court of Orissa vacant post, therefore they have not committed any illegality in Date: 14-Aug-2023 11:59:08 issuing the Notification to fill up the post as has been indicated in the Notification attached to the letter dated 01.06.2023.

5. Considering the submissions made by the learned counsel for the respective parties, this Court deems it proper that till the judgment is delivered in the matter, the Opposite parties are restrained to fill up the post of Graphic Designer. Accordingly, it is directed that the post of Graphic Designer as has been reflected in Sl.No.13 of the Notification attached to the letter dated 01.06.2023 of the Director of Printing, Stationary & Publication, Odisha shall not be filled up till the judgment is delivered in the present Writ Petition.

6. With the aforesaid observation, the Interlocutory Application stands disposed of.

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

( A.K. Mohapatra) Judge RKS