Orissa High Court
Sukadev Acarya & Another vs State Of Odisha & Others on 17 January, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.6931 of 2016
Sukadev Acarya & another .... Petitioners
Mr. J.K. Rath,
Sr. Advocate
-versus-
State of Odisha & others .... Opposite Parties
Mr. G.N. Rout,
Additional Standing Counsel
Mr. D.K. Mohapatra, Advocate
(For Opposite Party Nos.2 & 3)
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
Order No.
17.01.2023
05. 1. This matter is taken up through hybrid mode.
2. Heard learned Counsel for the parties.
3. During course of hearing, Mr. J. Rath, learned Senior
Counsel for the Petitioners draws attention of this Court
towards the proceeding of the meeting of Rourkela Development
Authority, shortly, RDA, held on 06.04.2010, which has been
quoted in para-9 of the Judgment dated 25.06.2015 passed by
the coordinate Bench in the Case of Sukadev Acharya &
another Vs. State of Orissa and others in W.P.(C) No.9251 of
2003, which is reproduced below:
"The adhoc employees who have been engaged under
RDA since 1978 to 1983 against the existing vacant
posts and as per power conferred at item No.5 of the
3rd Authority meeting, by specially creating of 5 (five)
additional posts as per the seniority and qualification.
It has also been resolved by the Committee that the
case of Sri Maheswar Bisal-petitioner no.2 (date of
joining 22.05.1979) and Sri Sukadev Acharya-
petitioner no.1 (date of joining 1.4.1983) the
Committee took a decision that they can be absorbed
in the regular post of Chainman (new) and Ferro
printer respectively only after final disposal of the
Writ Petition filed by them against the authority
pending before the Hon'ble High Court of Orissa."
4. The decision so taken in the meeting held on 06.04.2010,
clearly demonstrates that though the persons were appointed as
ad-hoc employees in between 1978 to 1983 against existing
vacant posts, including the present petitioners, in addition to
the existing vacant posts, five additional posts were specifically
created as per the power conferred at item No.5 of the 3rd
Authority meeting, but it was resolved by the Committee that
the case of the present Petitioners for absorption against regular
post of Chainman and Ferro Printer respectively will be taken
only after final disposal of the Writ Petition.
5. On query being made by this Court, Mr. Mohapatra,
learned Counsel for Opposite Party Nos.2 & 3 submits that he
has to take instruction from his client as to the present status of
remaining three employees, whose cases were also considered
by the Committee for permanent absorption in terms of the said
Committee meeting dated 06.04.2010, so also their date of
permanent absorption in RDA. Accordingly, he prays for a
week's time to take instruction and file an affidavit to the said
effect as to on which date, the other three employees were given
permanent appointment in terms of the proceeding of the
Committee Meeting dated 06.04.2010, including filing of photo
copy of the relevant portions of the said proceeding dated
06.04.2010, by which such decision was taken by the Authority
concerned. Mr. Mohapatra further submits that Petitioner No.2
has already been retired from service after attaining the age of
superannuation with effect from 31.01.2019.
6. Instructions, as prayed for, be obtained and filed in form
of an Affidavit by 30.01.2022 after serving copy of the same on
the learned Counsel for the Petitioners.
7. Matter be listed on 1st February, 2023.
Prasant (S. K. MISHRA)
JUDGE
