Satyanarayan Rana vs Union Of India And Others
2023 Latest Caselaw 7118 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                            W.P.(C) No. 14253 of 2023

Satyanarayan Rana                   .....                                      Petitioner
                                                         Mr. Subir Palit, Sr. Advocate
                                    Vs.
Union of India and others           .....                              Opposite Parties
                                                               Mr. P.P. Behera, CGC

            CORAM:
               DR. JUSTICE B.R. SARANGI
               MR. JUSTICE M.S. RAMAN
                                            ORDER

22.06.2023

Order No. This matter is taken up through hybrid mode.

03.

2. Heard Mr. Subir Palit, learned Senior Advocate along with Mr. U.C. Mohanty, learned counsel appearing for the petitioner.

3. As it appears, the petitioner has filed this writ petition taking advantage of the liberty granted by the apex Court vide order dated 28.04.2023 in Writ Petition (Civil) No. 456 of 2023.

4. The factual matrix of the case in hand is that the petitioner earlier approached this Court in W.P.(C) No. 5217 of 2018 challenging the order of reversion dated 22.03.2018 and seeking to hold that the petitioner is legally entitled to continue and function as an Assistant Engineer (Civil) and shall not be reverted as Junior Engineer (Civil) and also entitled to receive all consequential service benefits of the post of Asst. Engineer (Civil). The said writ petition was disposed of vide judgment dated 25.01.2021 relying on the decision in the case of Orissa Lift Irrigation Corporation Ltd v. Rabi Sankar Patro and others, (2018) 1 SCC 468, by allowing the case in favour of the petitioner. However, the same was challenged by the Orissa Lift Irrigation Corporation in W.A. No. 187 of

2021. The Division Bench of this Court, vide order dated 14.07.2021, set aside the order dated 25.01.2021 passed by the learned Single Judge in W.P.(C) No. 5217 of 2018. Against the order passed in Writ Appeal, the petitioner approached the apex Court in SLP No. 11589 of 2021, which was dismissed vide order dated 11.11.2021. However, relying on the circular issued by the AICTE dated 19.09.2022 with regard to validation of Technical Degrees issued by various institutions through distance mode/ evening classes/ weekend classes etc., the petitioner approached the apex Court by filing Writ Petition (Civil) No. 456 of 2023, which was dismissed on the prayer of the petitioner for withdrawal of the same with liberty to take steps as permissible in law. As it seems, taking advantage of such liberty, the present writ petition has been filed.

5. The order passed by the Division Bench dated 14.07.2021 in W.A. No. 187 of 2021 having been confirmed by the apex Court and the present writ petition having been filed under the circumstances, as stated above, and the assignment of this Court being with regard to "Writ Petitions relating to Admission into and Recognition/Affiliation of technical and professional educational courses and all residuary matters relating to those courses", the present writ petition which is a service matter, may be placed before the Hon'ble the Chief Justice for issuing necessary instruction for its listing before the appropriate assigned Bench.

                                                                             (DR. B.R. SARANGI)
                                                                                  JUDGE


Signature
       ArunNot Verified                                                         (M.S. RAMAN)
Digitally Signed                                                                  JUDGE
Signed by: ARUN KUMAR MISHRA

Designation: Asst. Registrar-cum-Sr. Secretary Reason: Authentication Location: Orissa High Court Date: 22-Jun-2023 16:59:44