Kalapataru Brahma vs State Of Odisha & Others
2023 Latest Caselaw 9777 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                        W.P.(C) No.11475 of 2020
        Kalapataru Brahma
                                         ....                   Petitioner
                                              Mr. M.K. Mohanty, Advocate
                               -versus-
        State of Odisha & Others
                                  ....                     Opposite Party
                                                          State Counsel

                            CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY
                                        ORDER

22.08.2023 Order No.

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

2. Pursuant to the order passed by this Court on 27.07.2023, learned Addl. Government Advocate filed Addl. Affidavit in Court today. The same be kept in record.

3. Copy of the same is also served on Mr. M.K. Mohanty, learned counsel for the Petitioner in Court today.

4. Mr.R.N. Mishra, learned Addl. Government Advocate contended that pursuant to the order passed by the Hon'ble Apex Court in the case of Rajendra Prasad Das, the services of the Petitioner was approved w.e.f. 01.06.2013 and while accepting the same he submitted his joining on 01.06.2013 vide Annexure-A/3 to the Addl. Affidavit.

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5. Mr. Mohanty, learned counsel for the Petitioner on the other hand contended that in terms of the judgment passed by this Court on 21.11.2017 in W.P.(C) No.13960 of 2013 and batch, the Petitioner is otherwise entitled to get the benefit as prayed for.

Even though the said judgment was produced before Opposite Party No.3, when Petitioner was asked to appear in terms of the order passed by this Court on 27.02.2019, but Opposite Party No.3 did not take into consideration the ratio of the said judgment while rejecting the claim. This Court does not find any document showing production of the judgment in question before Opposite Party No.3, while appearing before him in terms of the order.

Mr. Mohanty is directed to produce relevant document showing that he has produced the judgment before the D.E.O., Cuttack on the next date.

6. As requested, list this matter in the week commencing 11th of September, 2023.

(Biraja Prasanna Satapathy) Judge

Subrat

Signature Not Verified Digitally Signed Signed by: SUBRAT KUMAR BARIK Reason: ..

Location: HIGH COURT OF ORISSA, CUTTACK Date: 26-Aug-2023 11:58:13