Sudam Chandra Bhoi vs State Of Odisha & Ors
2023 Latest Caselaw 14659 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.(C) No. 36899 of 2023

        Sudam Chandra Bhoi                      ....                  Petitioner
                                                             Mr. S. Routray, Advocate

                                              -versus-

        State of Odisha & Ors.                  ....                 Opposite Parties
                                                                  Mr. S.K. Samal, AGA

                                CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                        ORDER

15.11.2023 Order No

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

2. Heard learned counsel appearing for the Parties.

3. The Petitioner has filed the present Writ Petition inter alia with the following prayer:-

<It is therefore, most humbly prayed that this Hon'ble Court be graciously pleased to:

i) Admit the writ application.

ii) Call for the record.

iii) Issue Rule nisi calling upon the Opp, Parties to show. cause as to why the service of the Petitioner has not been regularized.

iv) If the Opp. Parties fail to show cause or show insufficient cause issue a writ in the nature of mandamus or any other writ/writs, order/orders, direction/directions in directing the Opp. Parties to regularize the service of the Petitioner is concerned.

v) Issue a writ in the nature of mandamus or any other writ/writs, direction/directions directing the Opp. Parties particularly the University to regularize the services of the Petitioner against the post of Jr. Assistant // 2 //

taking into consideration the period of service of his initial engagement against the post the Petitioner is continuing and extent all service benefits from the date of his initial appointment against such post.

And/or pass any other order/orders, direction/directions as this Hon'ble Court deems fit and proper for the ends of justice.

And for the said act of kindness, the petitioner as in duty bound shall ever pray.=

4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make fresh representation before Opp. Party No.1 by enclosing all the relevant documents and citations in support of his claim, if any, within a period of three (3) weeks hence.

5. It is observed that if such representation is filed within the aforesaid period, Opp. Party No.1 shall do well to take a lawful decision on the same the within a period of three (3) months from the date of receipt of such representation. It is further observed that while taking such a decision, the Judgment passed by this Court in W.P.(C) No. 12479 of 2019 be considered, if it is applicable to the facts of the present case The order so passed by the Opp. Party No.1 be communicated to the Petitioner.

6. With the aforesaid observation and direction, the Writ Petition is disposed of.

(Biraja Prasanna Satapathy) Judge Basudev

Signature Not Verified Digitally Signed

Designation: Senior Stenographer Reason: Authentication of order Location: High Court of Orissa, Cuttack Date: 16-Nov-2023 12:25:15