Surendra Behera And Another vs State Of Odisha And Others
2023 Latest Caselaw 9179 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C) No.25897 of 2023

                 Surendra Behera and another              ....            Petitioners
                                                               Mr. A. Das, Advocate
                                              -versus-
                 State of Odisha and others               ....      Opposite Parties
                                                         Mr. N.K. Praharaj, A.G.A.
                                     CORAM:
                            JUSTICE A.K. MOHAPATRA

                                            ORDER

Order No.                                  14.08.2023
    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel for the petitioners as well as learned counsel for the State. Perused the writ petition as well as documents annexed thereto.

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

"On the facts and in the circumstances stated above, your petitioners, therefore, pray that this Hon'ble court be pleased to direct to the OP. no.2 to forthwith issue formal orders in favour of the petitioners regularizing their services as Data Entry Operators in its' establishments with effect from their completing six years of contractual services in the scale of pay PB-1- Rs.5,200-20,200/- + G.P. Rs.1900/- with usual allowances admissible from time to time as per GA Department Resolution dt. 17.09.2013 as per the law laid down by this Hon'bleCourt in the judgment dt.09.09.2021 in W.P.(C) No.19951/2020 as upheld by the Division Bench of this Hon'ble Court vide judgment dt.12.04.2023 in WA No.777/2021;

And pass such other order(s) as deemed fit and // 2 //

proper in the bonafide interest of justice and fair play,"

4. It is submitted by learned counsel for the petitioners that six hundred posts of Data Entry Operators-cum-Assistants were created by the Government vide notification dated 24.11.2006 and thereafter, on 12.05.2007 an advertisement was issued to fill up such posts. On 30.07.2007, a selection committee prepared a comparative submission of the candidates. Finally, a gradation list in respect of the district office at Dhenkanal was prepared enclosing a list of twenty selected candidates on 04.08.2007, which has been filed in the writ application under Annexure-4. Accordingly, the Opposite Party No.2 issued appointment letters in favour of the petitioners on 04.08.2007, which are annexed to the writ application under Annexure-5 series.

5. While this was the position on 17.09.2013, the Government of Odisha G.A. and P.G. Department notified a policy existing contractual Group-'C' and Group-'D' employees working under the State Government.

6. Learned counsel for the petitioners submitted that the principles fixed under the aforesaid notification and the petitioners squarely applied to the said principles. Therefore, the service of the petitioners should have been regularized by applying the notification dated 17.09.2013 of the G.A. and P.G. Department, Government of Odisha. However, the Opposite Parties did not consider the same and the service of the petitioners were not regularized and that the petitioners were compelled to approach this Court by filing a writ application bearing W.P.(C) No.21241 of 2020 with a prayer for regularization of their services. The said writ application was disposed of by a coordinate Bench of this Court dated 28.08.2020 // 3 //

directing the Opposite Parties to consider the case of the petitioners for regularization of their service.

7. As against the aforesaid order dated 28.08.2020, the Opposite Parties preferred an appeal bearing W.A. No.100 of 2021. A division Bench of this Court after hearing the learned counsels for the parties disposes of the said W.A. No.100 of 2021 vide order dated 21.06.2021 thereby confirming the order passed by the learned Single Judge Bench and permit the petitioners to file detailed representation before the Opposite Parties for consideration of such representation within a period of one months.

8. Learned counsel for the petitioners also submitted that after disposal of the above noted writ appeal, the petitioners approached to the Opposite Party No.2 by filing representation on 07.07.2021, however, the said representation is kept pending. Learned counsel for the petitioners further contended that the while the case of the petitioners was pending before the authorities for consideration of the representation another batch of writ application were filed before this court bearing W.P.(C) No.19951 of 2020 (Patitapaban Dutta Dash and others vrs. State of Odisha and others), the coordinate Bench of this Court vide judgment dated 09.09.2021 allowed the said writ application with a direction to regularize the service of the petitioners. The aforesaid order dated 09.09.2021 was challenged at the instance of the State-Opposite Parties before a division Bench by filing writ appeal bearing W.A. No.777 of 2021 and batch of similar writ appeals. The division Bench of this Court by its judgment dated 12.04.2023 have been pleased to dismissed the writ appeals and confirmed the order of the learned Single Judge passed in W.P.(C) No.19951 of 2020 dated 09.09.2021.

// 4 //

9. Learned counsel for the petitioners, at this juncture, submitted that the petitioners are squarely covered with the ratio decided by this Court in W.P.(C) No.19951 of 2020 (Patitapaban Dutta Dash and others vrs. State of Odisha and others), which was confirmed in writ appeal by a division Bench of this Court. Accordingly, learned counsel for the petitioners submitted that the Opposite Parties maybe directed to consider the case of the petitioners keeping in view the law laid down by this Court in the case Patitapaban Dutta Dash and others vrs. State of Odisha and others (supra).

10. Learned Additional Government Advocate, on the other hand, submitted that pursuant to the earlier order passed in the case of the petitioners, the petitioners were granted liberty to approach the authorities by filing representation. He further submitted that as it appears from the record that the petitioners have already been approached the Opposite Party No.2 i.e. District Education Officer, who is the competent authority in the present case. In such view of the matter, learned Additional Government Advocate submitted that the petitioners may be directed to approach the Opposite Party No.2 along with certified copy of this order and in the event, the Opposite Party No.2 may also be directed to consider the case of the petitioners strictly in accordance with law within a stipulated period of time.

11. Having heard learned counsels appearing for the respective parties, on a careful consideration of the submissions as well as materials on record, this Court deems it proper to dispose of the writ application at the stage of admission by granting liberty to the petitioners to approach the Opposite Party No.2 along with certified copy of this order within a period of two weeks from today. In the // 5 //

event such a representation is filed within the aforesaid period, the Opposite Party No.2 shall do well to consider and dispose of the same in accordance with law within a period of two months from the date of receipt of the representation and take a final decision keeping in view the principles laid down in the case of Patitapaban Dutta Dash and others vrs. State of Odisha and others (supra) within the aforesaid time stipulated, if there is no other legal impediment. Decision so taken on the same shall be communicated to the Petitioners within a period of one week thereafter.

12. 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: 15-Aug-2023 12:32:25