Orissa High Court
Sibaram Panda vs State Of Odisha And Others on 17 July, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.10741 of 2022
Sibaram Panda .... Petitioner
Mr. Biswambar Mohanty, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. Iswar Mohanty, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
Order No. ORDER
17.07.2023
02. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner and learned
Additional Standing Counsel for the State. Perused the Writ Petition
as well as the documents annexed thereto.
3. The Petitioner has filed this writ petition with the following
prayer :
"It is therefore humbly prayed that this Hon'ble
Court may graciously be pleased to admit this Writ
Petition, issue Rule Nisi in the nature of writ of
mandamus/certiorari calling the Opposite Parties to show
cause as to why the impugned order dated 12.08.2021
vide Annexure-4 passed by the Opp.Party No.3 Engineer-
in-Chief(Civil), Odisha shall not be set aside/quashed and
further as to why they shall not be directed to regularise
the Petitioner's service and further as to why they shall
not be directed to give all service benefit from the date of
initial appointment as per the judgment passed by this
// 2 //
Hon'ble Court in W.P.(C) No.3921 of 2006 decided on
16.07.2019 which has been confirmed by the Hon'ble
Supreme Court vide its order dated 17.11.2020 passed in
SLP No.9599 of 2020 and further be pleased to direct the
Opp.Parties to give all consequential service benefits
from the initial date of appointment within a stipulated
period.
If the Opp.Parties fail to show cause or sow
insufficient cause the said Rule be made absolute and the
impugned order dated 12.08.2021 vide Annexure-4
passed by the Opp.PartyNo.3 Engineer-in-Chief
(Civil),Odisha be set aside/quashed and further they shall
be directed to regularize the Petitioner's service and
further they shall be directed to give all service been fit
from the date of initial appointment as per the judgment
passed by this Hon'ble Court in W.P.(C) No.3921 of
2006 decided on 16.07.2019 which has been confirmed
by the Hon'ble Supreme Court in W.P.(C) No.3921
of2006 decided on 16.07.2019 which has been confirmed
by the Hon'ble Supreme Court vide its order dated
17.11.2020 passed in SLP No.9599 of 2020 and further
be pleased to direct the Opp.Parties to give all
consequential service benefits from the initial date of
appointment within a stipulated period.
And further be pleased to pass any other
order/orders, direction/directions, writ/writs as deem fit
and proper."
4. At the outset, it is submitted by the learned counsel for the
Petitioner that the authorities have illegally and arbitrarily rejected
the claim of the Petitioner. It is further submitted by the learned
counsel for the Petitioner that while considering the case of the
Petitioner the authorities have not taken into consideration the
judgment of this Court in the case of Sk.Saiful Raheman & others
vs. State of Odisha and others. Accordingly, learned counsel for the
Petitioner submits that the impugned rejection order under Annexure-
4 is unsustainable in law.
5. Learned Additional Standing Counsel for the State on the other
// 3 //
hand submitted that pursuant to the direction of this Court in the
earlier Writ Petition, the Opposite Party No.1 was directed to
consider the case of the Petitioner by passing a speaking and
reasoned order dated 31.05.2021 and accordingly the representation
of the Petitioner was rejected by the Opposite Party No.1. However,
he further submitted that in the event the Petitioner is covered by the
judgment of this Court in Sk.Saifur Raheman's case (supra), then
the Opposite Parties be directed to examine whether the Petitioner is
covered by the ratio laid down in the aforesaid judgment and
accordingly necessary orders be passed so far the present Petitioner is
concerned.
6. Considering the submissions made by learned counsel
appearing for the respective parties and further examining the
background facts of the present case and taking into consideration the
judgment by a coordinate Bench of this Court in Sk.Saiful Raheman
& others vs. State of Odisha and others decided on 02.05.2023,
this Court is of the considered view that the order under Annexure-4
rejecting the prayer of the Petitioner needs to be set aside.
Accordingly, the same is herby set aside. However, 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 along
with a copy of the judgment dated 02.05.2023 in Sk.Saiful
Rehaman's case (supra) and certified copy of this order within a
period of three weeks from today. In the event, the Petitioner
approaches with a certified copy of this order before the Opposite
Party No.1, the Opposite Party No.1 shall do well to consider the
same keeping in view the ratio laid down by this Court in Sk.Saiful
Raheman's case (supra) and pass necessary orders in accordance
with law within a period of two months from the date the Petitioner
// 4 //
approaches the Opposite Party No.1. It is needless to mention here
that in the event the authorities come to a conclusion that the
Petitioner stands in a similar footing with the persons in the cases of
WPC(OAC) No.1568 of 2018 and WPC(OAC) 4573 of 2016, then
similar benefits be extended to the Petitioner as expeditiously as
possible.
7. With the aforesaid observation/direction the Writ Petition
stands disposed of.
8. 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: 18-Jul-2023 19:04:30
