Orissa High Court
Dola Gobinda Pradhan & Others vs The Govt. Of Odisha & Others on 10 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.23607 of 2021
Dola Gobinda Pradhan & others .... Petitioners
Mr. Ashok Das, Advocate
-versus-
The Govt. of Odisha & others .... Opposite Parties
Mr. S. Das, AGA
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 10.05.2023
04. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard Mr. A. Das, learned counsel appearing for the petitioners
as well as Mr. S. Das, learned Addl. Government Advocate for the
State-Opposite Parties. Perused the writ petition as well as the
documents annexed thereto.
3. The present writ application has been filed by the Petitioners
with the following prayer:-
"The Petitioners therefore pray that this Hon'ble Court
may be graciously pleased to admit the writ application
and after hearing from both sides Issue a writ in the
nature of mandamus or any appropriate writ/writs
setting aside the impugned order passed by the Opp.
Party No.1 dt.31.05.2021 vide (Annexure-9).
And further directions be issued to the Opp. Parties
more particularly to the Opp. Party No.1 to regularize
the 166 numbers of DLR employees as per gradation
list prepared by the Opp. Parties vide Annexure-6 as
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quick as possible.
And any other order/orders as deem fit and proper be
passed."
4. It is submitted by learned counsel for the Petitioners submitted
that the Petitioners were engaged on contractual basis as NMR/DLR in
the job contract establishment. He further submitted that the Petitioners
have worked for more than 25 years in the job contract establishment.
However, the Opposite parties have not regularized their services and
they have not been absorbed brought over to the work charged
establishment in the meantime. Learned counsel for the Petitioner
further contended that earlier the Petitioners approached this Court by
filing W.P.(C) No.8487 of 2021 which was disposed of by this Court
vide order dated 23.03.2021 with a direction to consider the
representation of the Petitioner. He further contended that after disposal
of the above noted writ application the Petitioner approached the
Opposite Party No.1, vide order dated 31.05.2021 under Annexure-9
rejected the representation of the Petitioner. It is further contended by
learned counsel for the Petitioner that while the present writ application
was pending before a Coordinate Bench of this Court had occasioned to
consider an identical issue pending before in WPC(OAC) No.1568 of
2018 and WPC(OAC) No.4573 of 2016 which were disposed of by a
common judgment dated 02.05.2023. He further contended that the case
of the petitioner is squarely covered by the law laid down by a
Coordinate Bench in judgment dated 02.05.2023. Accordingly, learned
counsel for the Petitioner, at the outset submitted that the Opposite
Party No.1 be directed to consider the matter by applying the ratio laid
down by a Coordinate Bench in the case of Sk. Saifur Raheman &
Others vs. State of Odisha & others.
5. Learned Addl. Government Advocate, on the other hand
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submitted that pursuant to the direction by this Court in the earlier
ground of writ application, the Opposite Party No.1 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 Petitioners are covered by the judgment by 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 Petitioners are concerned.
6. Considering the submissions made by learned counsels
appearing for the respective parties and further background facts of
the present case and taking into consideration the judgment by a
Coordinate Bench of this Court in Sk. Saifur Raheman & Others vs.
State of Odisha & others decided on 02.05.2023, this Court deems it
proper to dispose of the writ application 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. Saifur Raheman'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. Saifur Raheman's case (supra) and pass necessary
orders in accordance with law within a period of two months from the
date of Petitioner approaches the Opposite Party No.1. It is needless to
mention here that, in the event the Authorities come to a conclusion that
the Petitioners stand in a similar footing with the persons in the cases of
WPC(OAC) No.1568 of 2018 and WPC(OAC) No.4573 of 2016, then
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similar benefits be extended to the Petitioners as expeditiously as
possible.
7. With the aforesaid observations/ directions, the writ
application stands disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
ANIL Digitally signed by
ANIL KUMAR
KUMAR SAHOO
Date: 2023.05.11
SAHOO 11:05:32 +05'30'
