Maheswar Dehuri vs State Of Odisha
2023 Latest Caselaw 1389 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                               WPC(OA) No.1715 of 2014


            Maheswar Dehuri                        ....           Petitioner(s)
                                                                 Mr. S. Roy,
                                                                   Advocate

                                       -versus-

            State of Odisha                        ....      Opposite Party(s)
                                                              Mr. S. Ghose,
                                                           Addl. Govt. Adv.

                      CORAM:
                      JUSTICE BISWANATH RATH

                                       ORDER

09.02.2023 Order No.

02. 1. This writ petition involves the following relief:-

"Relief Sought for:

It is therefore, prayed that this Hon'ble Court/Tribunal may graciously be pleased to admit the original application and after hearing the parties, pass the following reliefs :

(i) Let the impugned order dated 30.05.2014 issued under Annexure-7 by the Govt. in the facts and circumstances of the case be declared as illegal so far as it relates to the applicant ; and,

(ii) Let the Respondents be directed to bring over the applicant to the work charged establishment w.e.f.01.03.2009 as a Khalasi in terms of Annexure-6 with all service and financial benefits within a stipulated time;

(iii) Let, any other relief / reliefs be passed to which the applicant entitled to;"

2. In course of hearing, there is no dispute at Bar for application of the judgment of this Court in WPC(OAC) No.1823 of 2015 to the

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case at hand. Accordingly this Court while disposing of this application observes as follows:-

Keeping in view the development bringing over the junior NMR employee to the work-charged establishment and for the Petitioner's reinstatement into service, this Court finds, only remedy available with the Water Resources Department is to accept the proposal of the department and place the Petitioner in the work- charged establishment just above his juniors, who have already been brought to the work-charged establishment. In such view of the matter, this Court finds, the order vide Annexure-7 is not sustainable in the eye of law and accordingly, interfering in the order vide Annexure-7 this Court sets aside the same and directs the Water Resources Department, Government of Odisha to treat the Petitioner to have been brought to work-charged establishment from the date his juniors have been posted in the work-charged establishment. As a consequence, Petitioner also deserves to be entitled to all financial benefit accrued in the meantime along with interest at the rate 6% per annum all through and the whole arrear which shall be worked-out and released in favour of the Petitioner within a period of two months hence.

3. The WPC(OA) stands disposed of with the above order.

(Biswanath Rath) Judge Ayaskanta Jena