State Of Odisha And Others vs Aditya Bhanjan Sahoo
2023 Latest Caselaw 4911 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     W.A. No.744 of 2023
             State of Odisha and others                  ....        Appellants
                                                          Mr. A.P. Das, A.S.C.
                                          -versus-
             Aditya Bhanjan Sahoo                        ....       Respondent
                                                     Mr. B. Mohanty, Advocate

                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE G. SATAPATHY

                                           ORDER

02.05.2023 Order No.

01. I.A. No.1900 of 2023 and W.A. No.744 of 2023

1. Mr. Pravakar Behera, learned Standing Counsel for the Appellant places reliance on the judgment of the Supreme Court dated 20th May, 2022 in Civil Appeal No.9746 of 2011 (State of Himachal Pradesh v. Raj Kumar) to urge that the earlier legal position which was explained in Y.V. Rangaiah v. J. Sreenivasa Rao (1983) 3 SCC 284 that vacancies that arose prior to the amendment of a rule have to be governed by the old rules and not the amended rules has now been overruled by the Supreme Court and, therefore, the impugned judgment of the learned Single Judge holding to the contrary is not sustainable in law.

2. Notice. Mr. B. Mohanty, learned counsel accepts notice on behalf of the Respondent. Since he accepts notice, let a copy of the writ appeal as well as I.A. be served on him within three working days.

3. List along with W.A. No.658 of 2023 on 10th August, 2023.

I.A. No.1901 of 2023

4. There shall be stay of the impugned order of the learned Single Judge till the next date.

(Dr. S. Muralidhar) Chief Justice

(G. Satapathy) Judge S.K. Guin

SUBASH KUMAR Digitally signed by SUBASH KUMAR GUIN GUIN Date: 2023.05.03 12:25:24 +05'30'