Orissa High Court
Santosh Kumar Swain And vs State Of Odisha And Others on 18 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.30299 of 2021
Santosh Kumar Swain and .... Petitioners
others Mr. D.R. Swain, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. Saswat Das, A.G.A.
CORAM:
JUSTICE A.K.MOHAPATRA
ORDER
18.08.2023
Order No.
05. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical Mode).
2. Heard the learned counsel for the Petitioners as well as
learned Additional Government Advocate appearing for the State-
Opposite Parties. Perused the pleadings of the parties as well as the
materials on record.
3. The present writ petition has been filed Petitioners with the
following prayer:-
It is therefore prayed that this Hon'ble Court may
graciously be pleased to
i) Admit the writ application;
ii) Call for LCR
iii) Issue a Rule NISI to the Opp. Parties to file
show cause as to why the impugned orders dt.
07.07.2020 & 21.09.2021 shall not be
quashed and the service of the petitioners
shall not be regularized by implementing the
decision has been taken in pursuant to the
letter dt. 24.02.16 under Annexure-6. If they
fails to file show cause or file any insufficient
cause then this Hon'ble Court issue a writ in
the nature of certiorari quashing the
impugned orders under Annexure-14 & 8 and
further to issue a writ in the nature of
mandamus directing the Ops to regularize the
service of the petitioners by implementing the
decision in pursuant to the order dt.
24.02.2016.
And this Hon'ble Court may issue any
writ/writs, order/orders and
direction/directions which may deem fit and
proper in the ends of justice."
4. At the outset, it is submitted by the learned counsel for the
Petitioners that the case of the Petitioners is covered by the ratio laid
down by this Court in Patitapaban Dutta Dash and others v. State
of Odisha and others vide judgment dated 9.9.2021 passed by a
coordinate Bench in W.P.(C) No.19951 of 2020. The said judgment
passed by the coordinate Bench on 9.9.2021 was assailed before the
Hon'ble Division Bench of this Court by the State-Opposite Parties
by filing writ appeals bearing W.A. No.777 of 2021 and batch of
writ appeals. The Hon'ble Division Bench disposed of the above
noted writ appeals vide judgment dated 12.04.2023 by confirming
the judgment of the coordinate Bench. In such view of the matter,
learned counsel for the Petitioners submitted that the case of the
Petitioners is squarely covered by the ratio laid down by this Court
in Patitapaban Dutta Dash's case (supra).
5. Learned Additional Government Advocate appearing for the
State-Opposite Parties, on the other hand, submitted that after
disposal of the aforesaid writ appeals, the State-Opposite Parties
have approached the Hon'ble Supreme Court by filing a Special
Leave to Appeal(C) No(s).16949 of 2023 and batch of matters
wherein vide order dated 14.08.2023 the Hon'ble Supreme Court,
while issuing notice to the Opposite Parties, has been pleased to pass
an interim order directing that further proceeding in contempt
petition, if filed, shall remain stayed. However, the judgment of the
learned coordinate Bench as well as the Hon'ble Division Bench has
not been stayed. Therefore, there is no bar in applying the ratio
decided by this Court.
6. In such view of the matter, this Court deems it proper to
dispose of the writ petition by directing the Opposite Parties to
consider the case of the Petitioners in the light of the law laid down
by this Court in Patitapaban Dutta Dash's case (supra) within a
period of three months from the date of production of a certified
copy of this order by the Petitioners before the Opposite Parties.
7. 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
Date: 22-Aug-2023 10:34:49
