Orissa High Court
Yudhistir Bhoi vs State Of Odisha And Other on 9 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.13990 of 2023
Yudhistir Bhoi .... Petitioner
Mr. S.K. Panda, Advocate
-versus-
State of Odisha and other .... Opposite Parties
Mr. T. Pattanaik.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 09.05.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the petitioner as well as learned
counsel for the State. Perused the record.
3. The present writ petition has been filed by the petitioner
challenging the impugned order dated 13.07.2022 passed by the
Principal Secretary to Government, Fisheries and Animal Resources
Development Department, Odisha, Bhubaneswar and further the
petitioner has prayed for a direction to the Opposite Parties to
regularize the services of the petitioner against the vacant Group-D
post under the Fisheries and Animal Resources Development
Department, Government of Odisha within a stipulated period of
time.
4. On perusal of the writ petition under Annexure-1, it appears
that the representation of the petitioner was taken up for
consideration by the Director, Animal Husbandry and Veterinary
Services, Odisha pursuant to the direction issued by this Court in
// 2 //
W.P.(C) No.9535 of 2022. Although in the impugned order dated
12.08.2022, the Director has referred to judgments of the Hon'ble
Supreme Court in the case of State of Karnataka vrs. Umadevi ;
reported in (2006) 4 SCC 1, in the case of State of Karnataka vrs.
M.L. Keshari ; reported in (2010) 9 SCC 247 and in the case of
Amarkant Rai vrs. State of Bihar ; reported in (2015) 8 SCC 265,
however, the applicability of the law laid down in those judgments of
the Hon'ble Apex Court has not at all been discussed in the
impugned order. The impugned order upon close scrutiny, reveals
that the same has passed by taking into consideration the Government
resolution dated 04.09.2012. Admitted case of the petitioner is that he
was engaged after the cut-off date i.e. 12.04.1993 and as such, the
case is not covered by the resolution of the Government. Therefore,
considering the law and the length of service of the petitioner, this
Court had earlier directed the Opposite Parties to consider the case of
the petitioner in the light of the law laid down by the Hon'ble
Supreme Court in the above referred judgments and to dispose of the
representation of the petitioner by passing a speaking and reasoned
order.
5. In reply to the aforesaid contentions, learned counsel for the
State submits that he has no objection, if the petitioner is directed to
file another representation before the competent authority i.e.
Director, Animal Husbandry and Veterinary Services, Odisha
Cuttack-Opposite Party No.3 and in the event such representation is
filed, the same shall be considered by taking into consideration the
length of the service rendered by the petitioner and in the light of the
law laid down by the Hon'ble Supreme Court within a stipulated
period of time.
// 3 //
6. In such view of the matter, this Court deems it proper to
dispose of the writ petition by directing the petitioner to file a fresh
representation highlighting his grievances along with copies of the
relevant documents in support of his claim and a certified copy of
this order before the Director, of Animal Husbandry and Veterinary
Services, Odisha Cuttack (Opposite Party No.3) within a period of
two weeks from today. In the event such a representation is filed
within the aforesaid period, the Opposite Party No.3 shall do well to
consider the case of the petitioner in the light of the law laid down by
the Hon'ble Supreme Court in the above noted judgments within a
period of eight weeks from the date of receipt of the representation
and the same shall be considered and disposed of by passing a
speaking and reasoned order within the aforesaid time stipulated.
Any decision taken on the same shall be communicated to the
Petitioner within a period of two week thereafter.
7. With the aforesaid observation/direction, the writ petition
stands disposed of.
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra )
Judge
Jagabandhu
JAGABAND Digitally signed by
JAGABANDHU BEHERA
HU BEHERA 20:03:17 +05'30'
Date: 2023.05.09
