Orissa High Court
Bajina Behari Behera vs State Of Odisha & Others .... Opposite ... on 11 December, 2023
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.38986 of 2023
Bajina Behari Behera .... Petitioner
Mr. D. Ray, Advocate
-versus-
State of Odisha & others .... Opposite Parties
Mr. S. Das, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 11.12.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
Additional Government Advocate for the State-Opposite Parties.
Perused the Writ Petition as well as the documents annexed thereto.
3. The present Writ Petition has been filed by the Petitioner with the
following prayer :
"Under the above facts and circumstances it is humbly
prayed that your Lordships would be graciously pleased to
admit and allow this case and issue notices to the Ops to file
show cause as to why the letter dtd.14.11.2023 shall not be
quashed
And/or as to why the petitioner shall not be allowed to
continue in the post of Revenue Tax Collection Peon under
Soro Tahasil by considering his cases filed for regularization
in service keeping in mind his previous experience and
engagement letter issued by the competent authority
And/or if the O.P.s fail to show cause or show insufficient
cause the Rule NISI issued may kindly be absolute.
And/ Or the writ of MANDAMUS may kindly be issued to
regularize the service of the petitioner considering his
previous experience with all sorts financial benefits from the
// 2 //
date of the engagement by the OP No-3.
And/or after hearing from both the sides may kindly pass an
order directing the OP No-2 to re-engage the petitioner as
Revenue Tax Collection Peon under Soro Tahasil by quashing
the letter dtd 14.11.2023 passed by the OP No-2 in Balasore
District.
And further pass an order directing the OP no-2 to dispose of
the representation of the petitioner dtd-15.12.2022 in
connection with his absorption in any of the vacancy as per
admission stated in the letter dtd. 14.11.2023.
And pass any other appropriate order/s as deemed fit and
proper."
4. It is submitted by learned counsel for the petitioner that the
Petitioner has been working on daily wage basis as Tax Collection Peon
under Tahasildar, Soro, Balasore district. He further contended that
although the Petitioner has been working for last 30 years, his service
has not been regularized in the meantime. In the aforesaid context,
learned counsel for the Petitioner referred to a judgment of the Hon'ble
Supreme Court in the cases of Secretary, State of Karnataka -v.-
Uma Devi, reported in (2006) 4 SCC 1 and Amarkant Rai v. State of
Bihar, reported in (2005) 8 SCC 265 and State of Karnataka vs. ML
Keshari [AIR 2010 SC 2587] submitted before this Court that in
view of the observations of the Hon'ble Supreme Court, the service
of the Petitioner should have been regularized by now. Learned
counsel for the petitioner further contended he has approached the
Collector, Balasore- Opposite Party No.2 for taking a decision by
filing a representation under Annexure-7 to the writ application. The
same is stated to be pending before the Opposite Party No.2.
5. Learned Additional Government Advocate, on the other hand
contended that in the event the representation under Annexure-7 is
pending before the Opposite Party No.2, he will have no objection in
the event this Court directs the Opposite Party No.2 to take a lawful
// 3 //
decision on the representation is petitioner and dispose of such
representation by passing a speaking and reasoned order strictly in
accordance with law within a stipulated period of time.
6. Considering the submissions made by the learned counsels
appearing for the respective parties and on a careful examination of the
background facts of the present case as well as keeping in view the
limited nature of the grievance, this Court deems it proper to dispose of
the writ application at the stage of admission by directing the Opposite
Party No.2 to consider the representation of the Petitioner under
Annexure-7 to the writ application, if the same is still pending within a
period of eight weeks from the date of communication of a certified
copy of this order in the light of the judgments referred to hereinabove.
The final order so passed be communicated to Petitioner within two
weeks thereafter.
7. With the aforesaid observations/ directions, the writ
application stands disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 13-Dec-2023 15:21:31
