Orissa High Court
Ganesh Chandra Pradhan vs State Of Odisha And Others on 6 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C). NO.26733 OF 2023
Ganesh Chandra Pradhan .... Petitioner
Mr. Laxmikanta Mohanty, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. Swayambu Mishra,
Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 06.10.2023
03. 1. This matter is taken up through hybrid mode.
2. Petitioner in this writ petition seeks to assail the order dated
31st July, 2023 (Annexure-9), whereby the Block Development
officer, Sadar Balasore directed the Petitioner to vacate the
Government Quarter occupied by him in the Block Colony within
fifteen days.
3. Mr. Mohanty, learned counsel submits that the Petitioner is
working as a Driver on daily wage basis under the Block
Development Officer, Sadar Balasore-Opposite party No.3 since
2007. He filed O.A. No.1385(C) of 2018 for his regularization in
the post of Driver. After abolition of the State Administrative
Tribunal, the matter was transferred to this Court and renumbered
as W.P.C.(OAC) NO. 1385 of 2018. The writ petition is disposed
of vide order dated 28th March, 2022 with the following direction:
"14. Following the aforesaid Supreme Court judgment this
Court has also dealt with many similar matters where
direction has been given to the authorities to regularise the
services of ad hoc/temporary/daily wage employees
keeping in view the services rendered by them over a long
period of time. In such view of the matter, this Court deems
it proper and in the interest of justice, the order dated
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16.02.2018 under Annexure-14 passed by the Collector,
Balasore is unsustainable in low and the same is liable to
be set aside. Accordingly, the same is hereby quashed.
Further, the Collector, Balasore, Opposite Party No.2 is
directed to consider the case of the Petitioner afresh in the
light of the judgment referred herein above and in the event
it is found that there is no serious allegation of any
misconduct/dereliction of duty then the Petitioner should be
regularised in the vacant post of driver against which he
was appointed on daily wage basis. The entire exercise be
completed within a period of two months from the date of
production of certified copy of this order."
4. Since the order was not complied with, the Petitioner filed
CONTC No.5738 of 2022 which was disposed of on 23rd
September, 2022 with a direction that the order passed in the
aforesaid writ petition shall be complied with within a period of one
month. It is also observed that if the order is not complied with
within a stipulated period, it will be held as deliberate violation of
this Court's order. In the meantime, the State Government has filed
W.A. No.1467 of 2022 assailing the order of Hon'ble Single Bench
in W.P.C.(OAC) NO.1385 of 2018. The Appeal Court, while
issuing notice in the matter, as an interim measure, directed stay
operation or the order passed in the writ petition. Taking advantage
of the same, the impugned order under Annexure-9 has been issued.
5. It is submitted that the matter is still subjudice before this
Court in W.A. No.1467 of 2022. Hence, his occupation of the
Government Quarter should not be disturbed till disposal of the
Writ Appeal.
6. Mr. Mishra, learned Additional Standing Counsel referring
to the counter affidavit filed by Opposite Party No.3, submits that
since the order passed by Hon'ble Single Bench has been stayed by
this Court in W.A. No.1467 of 2022, there is no illegality in issuing
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the Letter under Anexure-9 directing vacation of the Government
Quarter occupied by the Petitioner.
7. He, however, fairly concedes that stay of the order passed
in the Writ Appeal does not amount setting aside the same.
8. Taking into consideration the submission made by learned
counsel for the parties, this Court is of the considered opinion that
since the Petitioner is occupying the Government Quarter being
allotted to him in the capacity of a Driver on daily wage basis and a
direction has been made by a Co-ordinate Bench for his
regularization, stay of the order of by Hon'ble Single Bench in a
Writ Appeal should not be a ground to direct vacation of
Government Quarter occupied by him. There is no allegation of
misuse of the official quarter allotted in favour of the Petitioner.
9. In that view of the matter, this Court sets aside the order
under Annexure-9 passed by the Block Development officer, Sadar
Balasore on 11th January, 2023 and direct that the Petitioner shall
occupy the Government Quarter till finalization of the W.A.
No.1467 of 2022 on payment of standard license fee and other
dues.
Urgent certified copy of this order be granted on proper
application.
(K.R. Mohapatra)
Rojalin Judge
Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 06-Oct-2023 19:28:13
