Orissa High Court
Jagabandhu Mallick vs State Of Odisha And Another. .... ... on 11 December, 2023
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.39403 of 2023
Jagabandhu Mallick .... Petitioner
Mr. R.K.Bisoi, Advocate
-versus-
State of Odisha and another. .... Opp.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 the learned
Additional Government Advocate. Perused the Writ Petition as well
as the documents annexed thereto.
3. The present Writ Petition has been filed with the following
prayer :
"In view of the aforesaid facts and circumstances as
narrated above, it is ardently prayed that this Hon'ble
Court may kindly be graciously pleased to quash the order
under Annexure-5 & 6 and direct the Opp.Party No.1 to
treat the Petitioner as a confirmed ORS Group B Officer
w.e.f. 04.02.2016 on completion of one year of ORS
Group-B officer as per ORS Recruitment Rules, 2011 and
also declare that Petitioner be entitled to get all incremental
benefits from 04.02.2016 to 14.11.2018 within a time
stipulation as fixed by this Hon'ble Court.
And/or issue any other appropriate writ/writs,
order/orders, direction/directions as deem fit and proper in
the fitness of the case."
4. It is submitted by the learned counsel for the Petitioner that
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the issue involved in the present Writ Petition has been finally
adjudicated in W.P.(C) No.26321 of 2021 (Sankar Charan Mallick-
v.-State of Odisha and others) vide judgment dated 03.08.2023.
Learned counsel for the Petitioner further contended that the fact of
the present case are similar to the fact of the case in Sankar Charan
Mallick (supra).The only distinction being in the case of Sankar
Charan Mallick the Petitioner had retired from service while
approaching this Court whereas in the present case the Petitioner is
continuing in service.
5. Learned Additional Government Advocate on the other hand
contended that if the Petitioner is claiming the benefit at par with
Sankar Charan Mallick, then he should have approached the
authority before approaching this Court. In such view of the matter,
learned Additional Government Advocate contended that in the event
the Petitioner approaches Opposite Party No.1 by filing a
representation along with a copy of the judgment in Sankar Charan
Mallick(supra) within two weeks from today and if the authority is
directed to consider the case of the Petitioner in accordance with law
within a stipulated period of time, he has no objection.
6. Considering the submissions made by learned counsels
appearing for the parties, on a careful consideration of the
background facts of the present case as well as the materials on
record and taking into consideration the judgment of this Court in
Sankar Charan Mallick (supra), this Court deems it proper to
dispose of the Writ Petition at the stage of admission by directing the
Petitioner to approach the Opposite Party no.1 by taking all the
grounds along with all the documents and a copy of the judgment in
Sankar Charan Mallick-v.-State of Odisha and others (supra),
within a period of two weeks from today. The Opposite Party No.1
shall do well to consider the representation of the Petitioner in the
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light of the law laid down by this Court in Sankar Charan Mallick
(supra) within two months from the date of communication of the
order. Final decision so taken be communicated to the Petitioner.
7. With the aforesaid observation, the Writ Petition stands
disposed of.
8. 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
