Sushila Mallick vs Odisha Legislative Assembly
2023 Latest Caselaw 6410 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   W.P.(C) No.16739 of 2023

                 Sushila Mallick                         ....               Petitioner
                                                           Mr. H.S. Mishra, Advocate
                                          -versus-
                 Odisha Legislative Assembly, BBSR ....               Opposite Party
                                                            Mr. S. Palit, Sr. Advocate
                                            appearing for Odisha Legislative Assembly

                                          CORAM:

                             JUSTICE A.K. MOHAPATRA

                                             ORDER

Order No.                                   18.05.2023

    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard Mr. H.S. Mishra, learned counsel appearing for the petitioner as well as Mr. S. Palit, learned Senior Advocate appearing for Odisha Legislative Assembly. Perused the writ petition as well as the documents annexed thereto.

3. The present writ application has been filed by the Petitioner with the following prayer:-

"It is therefore most humbly prayed that this Hon'ble Court may graciously be pleased issue notice to the Opp. Party directing him to show cause as to why the petitioner shall not be prompted to the post of Joint Secretary and get all the service benefits when the Notification dated 16.09.2019 under Annexure-3 in reverting the petitioner to her former post has already been quashed by this Hon'ble Court in W.P.(C) No.18289 of 2019 vide Judgment dated 20.03.2023 and if he fails to show cause or shows insufficient cause, this Hon'ble Court may be pleased to allow this writ petition // 2 //

and thereby issue writ/writs in the nature of Mandamus in directing the Opp.Party to allow the promotion of the petitioner to the post of Joint Secretary and also release all the service benefits to her for the greater interest of the justice.

And pass any other order/orders as deem(s) fit and proper in the interest of justice."

4. It is submitted by learned counsel for the petitioner that being aggrieved by the conduct of the Opposite Parties in issuing notification dated 16.09.2019 thereby withdrawing the promotion of the petitioner from the post of Joint Secretary and liberating to the post of Deputy Secretary, however, he has approached the present writ application. Learned counsel for the petitioner further submitted that three employees were affected by notification dated 16.09.2019 including the present petitioner. So far the other two employees are concerned they had approached this Court by filing W.P.(C) No.18289 of 2019 in the matter of Bijay Kumar Sahu & another vs. Odisha Legislative Assembly, BBSR. The aforesaid matter was disposed of vide judgment dated 20.03.2023. On perusal of the judgment which has been appended to the writ application at annexure-4 it appears that the impugned notification has been quashed in toto. However, it is alleged by learned counsel for the Petitioner that the benefit of quashing of such notification has been given to the two petitioners who were before this Court such benefit has not been extended to the present petitioner.

5. Mr. Palit, learned Senior Counsel appearing for the Opposite Party submitted that the notification has already been quashed by this Court in above noted writ application. Therefore, the petitioner shall also be forward by the judgment of this Court in W.P.(C) No.18289 of 2019 disposed of on vide judgment dated 20.03.2023. In such view of the matter, learned Senior counsel for the Opposite Party submitted that since the notification has already been quashed there is // 3 //

no necessity to quash the same again. Accordingly, this writ petitioner can be disposed of with a direction to the Opposite Party to implement the judgment dated 20.03.2023 under Annexure-4, so far the present petitioner is concerned.

6. Considering the submissions made by learned counsels appearing for the respective parties and upon a careful examination of the judgment dated 20.03.2023 under Annexure-4, this Court deems it proper that there is no necessity to quash the impugned notification once again. Accordingly, the Opposite Party is directed to implement the judgment dated 20.03.2023 under Annexure-4, so far the present petitioner is concerned within a period of four weeks from the date of communication of a copy of this order by the petitioner.

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

Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 21-May-2023 10:53:10