Satyabandhu Das & Others vs State Of Odisha & Others
2023 Latest Caselaw 2079 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              W.P.(C) NO.4647 OF 2023
            Satyabandhu Das & Others                   ....          Petitioners
                                                        Mr.P. Panda, Advocate
                                        -versus-
            State of Odisha & Others                   ....    Opposite Parties
                                                        Mr.S.K. Mishra, ASC.
                     CORAM:
                     MR. JUSTICE D.DASH
                                    ORDER

Order No.                          13.03.2023
   01.      1.      This matter is taken up through hybrid arrangement
            (virtual/physical) mode.

2. The Petitioners by filing this petition have invoked the jurisdiction of this Court under article-226 & 227 of the Constitution of India seeking the following reliefs:-

(i) Admit the writ application;

(ii) Call for the records; and

(iii) issue rule Nisi calling upon the Opposite Parties to show cause as to why the Petitioners shall not be considered to avail the benefit of Sikshya Sahayak pursuant to the Resolution dtd. 16.02.2008 & career advance policy dtd. 01.08.2011, failing to show cause or showing insufficient cause/no cause, issue the writ of mandamus directing the Opposite Party No.1 to consider the case of the Petitioners in the light of judgment dtd.05.03.2020 in the case of Dhanajay Charan Dey and others Vrs.State of Odisha and Others in W.P.(C) No.31670 of 2011 which is upheld in the Hon'ble Apex Court vide order under Annexure-8, extending the all consequential service benefits pursuant to the career advancement policy

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dated 01.08.2011 regularizing the Petitioners with effect from 03.05.2014, the date on which 6 years of service completed.

3. In course of hearing, learned counsel for the Petitioners prays for withdrawal of this application seeking liberty to make a representation before the Opposite Party No.1 to treat the Petitioners at par with the Respondents of Special Leave to Appeal (C) No(s). 13627 of 2021(State of Odisha & Others Vrs. Dhanajaya Charan Dey & Others) in providing them the limited relief of the benefit of the period of employment from 2008 when they were initially employed as Gana Sikshyaks till the date of judgment passed by the learned Single Judge on 05.03.2020 for the purpose of further career advancement and terminal benefits including the pension, if any.

4. Granting the liberty as aforesaid the writ application stands disposed of.

It is needless to observe that if such a representation is filed by these Petitioners, the Opposite Party No.1 would do well to consider the same in its proper prospective and dispose it of by a reasoned order within a period of three months from the date of receipt of representation with the copy of this order as well as all the orders passed in connection with SLP No.13627 of 2021.

Issue urgent certified copy as per rules.

(D. Dash) Judge.

H