Sunaram Marndi & Others vs State Of Odisha And
2023 Latest Caselaw 12198 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.(C) No.31275 of 2023

        Sunaram Marndi & Others              ....                     Petitioners
                                                          Mr. K. Rath, Advocate


                                          -versus-
        State of Odisha and
        Others                               ....              Opposite Parties
                                                           Mr. S.K. Samal, AGA
                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                            ORDER

09.10.2023 Order No.

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

2. Heard learned counsel for the parties.

3. The Petitioners have filed the present Writ Petition with the following prayer: -

<Therefore, it is most humbly prayed that this Hon'ble Court may graciously be pleased to admit the application, call for the record, issue notice to the Opp. Parties to show cause as to why the petitioners shall not be allowed the service benefit like Arrear Salary, differential salary, seniority and other consequential benefit reckoning from the period from the engagement of GanaSikhyak treating them as Sikhya Sahayak. Failing to show-cause, showing insufficient cause, issue the writ of mandamus directing the Opp. Parties to reckon the regularization of service from the date of engagement after 3.5.2008 on completion of 6 years of service as Sikhya Sahayak in the light of the judgment dated // 2 //

05.03.2020 passed by the Hon'ble High Court, Odisha in case of Dhananjay Charan Dey and others versus State of Odisha reported in 2020 (II) ILR-CUT-84 confirmed in W.A. No.10/2021 and subsequent confirmed by the Hon'ble Supreme Court dtd. 25.01.023 in SLP No.13927/2021.=

4. Learned counsel for the Petitioners submits that through highlighting their grievances, the petitioners have filed a representation vide Annexure-7 to the Writ Petition, but till date nothing has been done in the matter. In such background, they pray that a direction be issued to opposite party No.1 to take a decision on the above noted petition within a specific time period.

5. Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs opposite party No.1 to take a decision on the above noted petition in accordance with law, within a period of three months from the date of production of certified copy of this order and communicate the result of such exercise to the petitioners.

6. The Writ Petition is disposed of accordingly.

(Biraja Prasanna Satapathy) Judge

Basudev

Digitally Signed Signed by: BASUDEV SWAIN Reason: Authentication of Order Location: High Court of Orissa, Cuttack Date: 12-Oct-2023 18:52:09