Bijaya Kumar Grahacharya vs State Of Odisha & Ors. .... Opposite ...
2023 Latest Caselaw 15752 Ori

Orissa High Court

Bijaya Kumar Grahacharya vs State Of Odisha & Ors. .... Opposite ... on 7 December, 2023

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                         W.P.(C)(OAC) No.53 of 2014

        Bijaya Kumar Grahacharya                ....              Petitioner
                                                        Mr. S. Behera, Advocate


                                               -versus-

        State of Odisha & Ors.                  ....              Opposite Parties
                                                          Mr. M.K. Balabantaray, AGA


                            CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                       ORDER

07.12.2023 Order No

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

2. Heard Mr. S. Behera, learned counsel for the Petitioner and Mr. M.K. Balabantaray, learned Addl. Govt. Advocate appearing for the Opp. Parties.

3. The Petitioner has filed the present writ petition inter alia with the following prayer:-

"Under the circumstances, it is humbly prayed therefore that this Hon'ble Tribunal may be graciously pleased to regularize the services of the applicant retrospectively from the year 1986 as has been extended in favour of the applicant in T.A. No. 56/1993;

And further be pleased to direct the Respondents to count the service of the applicant from the year 1986, at best from the year 1995 when the SLP was dismissed so that after retirement the applicant will eligible for pension.

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And further be pleased to direct the Respondents to pay the arrear after counting of service period of the applicant from 1995 till 2008 forthwith;

Or pass any other order/orders or direction/directions be issued so as to give complete relief to the applicant.

And allow this Original Application with cost."

4. In course of hearing learned counsel for the Petitioner contended that the issue involved in the present case is squarely covered by a decision of this Court so passed on 04.07.2022 in W.P.C.(OAC) No. 822 of 2014 and Judgment dtd.07.09.2022 in W.P.C.(OAC) No. 714 of 2014.

4.1. It is contended that the order passed by this Court in W.P.C.(OAC) No. 822 of 2014 has been confirmed by the Writ Appellate Court while dismissing Writ Appeal No. 266 of 2023 vide order dtd.09.11.2023. Similarly, the Judgment passed by this Court on 07.09.2022 in W.P.C.(OAC) No. 714 of 2014 has also been dismissed vide order dtd.18.10.2023 in Writ Appeal No. 2109 of 2023. It is accordingly contended that in view of the decision rendered by this Court in the aforesaid two (2) writ petitions, which has been confirmed by the Writ Appellate Court, Opp. Party No. 3 be directed to take a decision on the claim of the Petitioner as made in the light of the order passed by this Court in the aforesaid two (2) writ petitions.

5. Learned Addl. Govt. Advocate on the other hand contended that if the Petitioner's claim as contended is covered by the aforesaid two (2) decisions of this Court, Petitioner may file an appropriate application before Opp. Party No. 3 to get the benefit as prayed for.

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6. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court while disposing the writ petition, permits the Petitioner to make an appropriate application before Opp. Party No. 3 within a period of two (2) weeks from today in order to get the benefits as prayed for in the writ petition. It is observed that, if any such application is moved within the aforesaid time period, Opp. Party No. 3 shall take a lawful decision on the same within a further period of three (3) months. However, while taking such a decision, the relevancy and effect of the order passed by this Court and confirmed by the Writ Appellate Court as cited supra be taken into consideration in its proper perspective.

7. The writ petition is disposed of accordingly.

(Biraja Prasanna Satapathy) Judge Sneha

Location: High Court of Orissa, Cuttack