Debananda Garnaik vs State Of Odisha And Others
2023 Latest Caselaw 7149 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C) No.19516 of 2023

                 Debananda Garnaik                     ....            Petitioner
                                                   Ms.Sagarika Sahoo, Advocate

                                              -versus-

                 State of Odisha and others              ....    Opposite Parties
                                                          Mr.Saswat Das, A.G.A.

                                        CORAM:

                           JUSTICE A.K. MOHAPATRA
                                            ORDER

Order No.                                 03.07.2023
    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. Perused the Writ Petition as well as the documents annexed thereto.

3. The present Writ Petition has been filed with the following prayer:

" It is therefore most respectfully prayed that this Hon'ble Court may be graciously pleased to direct the Opp.Parties to issue formal orders regularizing the service of the Petitioner as Office Assistant (Commercial Assistant) in the establishment of the Opp.Party No.2 with consequential benefits by treating him as deemed regular from 17.09.2013 as per G.A. Department Resolution dated 17.09.2013 and law laid down by the Hon'ble Apex Court and by this Hon'ble Court in judgment dated 23.11.2021 rendered in W.P.(C) No.16906 of 2020, Rashmi Rekha Dash vs. State) consequential service and monetary benefits.

And this Hon'ble Court may be pleased to pass any other order/orders as may deem fit and proper;"

// 2 //

4. It is submitted by the learned counsel for the Petitioner that earlier the Petitioner approached this Court by filing W.P.(C) No.296 of 2022. The said Writ Petition was disposed of by a coordinate Bench of this Court vide order dated 03.02.2022 with a direction to Opposite Party No.2 to consider the representation filed by the Petitioner by passing an appropriate order in accordance with law within a period of three months. Learned counsel for the Petitioner further contended that despite communication of the order dated 03.02.2022 the authorities have not considered the representation of the Petitioner as directed by order dated 03.02.2022 by the coordinate Bench of this Court.

5. Learned Additional Government Advocate on the other hand contended that the Petitioner is claiming regularization of his service on the basis of the Resolution of the Government dated 17.09.2013 under Annexure-14. Therefore, the Opposite Parties have to take a decision keeping in view the aforesaid Resolution with regard to applicability to such Resolution. Therefore, he further contended that since a direction has already been given by a coordinate Bench of this Court, the same has to be carried out, if the same has not been carried out.

6. Considering the submissions made by the learned counsel for the respective parties and on a careful consideration of the background facts of the present case and further taking into consideration that there is a direction by this Court in the earlier Writ Petition by a coordinate bench of this Court, this Court is of the view that no further direction is necessary. Accordingly, the Writ Petition is being disposed of by directing the Opposite Parties to take a decision as has been directed by the coordinate Bench vide its order dated 03.02.2022 within a period of six weeks from the date of // 3 //

communication of the order. In the event the order dated 03.02.2022 is not complied with by the Opposite Party No.2, the same will be construed as Contempt of Court's Act and necessary steps shall be taken for initiation of a proceeding under the Contempt of Courts Act against the Opposite Party No.2. In the event any decision is taken pursuant to order dated 03.02.2022, the same be communicated to the Petitioner within two weeks from the date of communication of the order.

7. Liberty is granted to the Opposite Parties for variation/modification of the order in the event the Petitioner has suppressed any material.

8. With the aforesaid observation/direction the Writ Petition stands disposed of.

9. Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra ) Judge RKS

Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: Ex-A.R.-cum-Sr. Secretary Reason: Authentication Location: High Court of Orissa Date: 04-Jul-2023 10:49:23