Citation : 2023 Latest Caselaw 1188 Ori
Judgement Date : 3 February, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPC(OA) No.1107 of 2016
Prasanna Kumar Parida .... Petitioner
Mr. P.K. Rout, Advocate
-versus-
D.G. & I.G. of Police, Orissa, .... Opposite Parties
Cuttack & others.
Mr. Manoj Kumar Khuntia, Addl. Government
Advocate
CORAM:
JUSTICE M.S. RAMAN
ORDER
Order No. 03.02.2023
04. 1. The Petitioner claims to have been selected and appointed pursuant to the selection process and select list for the post of Assistant Driver, 2013 being published in response to the advertisement issued in the month of June, 2013. In the present case, the Petitioner challenges the re-casted select list of recruitment test of Assistant Driver, 2013 vide Letter / Notice No.1288(21)/PMT dated 3rd June, 2016 issued by the Superintendent of Police, Police Motor Transport, Odisha, Cuttack.
2. Mr. P.K. Rout, learned counsel for the Petitioner submitted that many of the Assistant Drivers, whose names did not find place in the re-casted selection list as aforesaid, approached this Court in WPC(OAC) No.2066 of 2016 and batch, which have come to be disposed of vide judgment dated 16th November, 2022 by a coordinate Bench of this Court.
1 of 1 // 2 //
3. Perusal of copy of the judgment shows that the aforesaid Letter/Notice dated 3rd June, 2016 was the subject- matter of those petitions. This Court at paragraph-33 of the said judgment held as follows:-
"33. In view of the discussions made hereinabove and placing reliance on the decision of the Hon'ble Apex Court as well as of this Court, as cited supra, in the batch of writ petitions by the learned Senior Counsel appearing for the Petitioners, this Court is inclined to interfere with the notice issued on 3.6.2016 and while interfering with the same, this Court is inclined to quash the said notice. The Petitioners in all the writ petitions filed in the year 2016 and 2017 be allowed to continue as against available vacancies which may have arisen after the appointment of the candidates basing on the 3rd select list published on 8.4.2016 or against supernumerary posts with the clause for their absorption as against future vacancies. The prayer made in the writ petitions filed in the year 2014 and 2015 having become infructuous, all those writ petitions are dismissed accordingly."
4. In view of the aforesaid submission of Mr. P.K. Rout, learned counsel for the Petitioner, the present writ petition is disposed of in the same terms as contained in the judgment dated 16th November, 2022 rendered in the case of Abhilash Nanda v. D.G. & I.G. of Police, Odisha, Cuttack and others in WPC(OAC) No.2066 of 2016 and batch.
(M.S. Raman) Judge MRS
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