Orissa High Court
Basant Kumar Garanayak vs State Of Odisha & Others on 31 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.34033 of 2023
Basant Kumar Garanayak .... Petitioner
Mr. B. Barik, Advocate
-versus-
State of Odisha & others .... Opposite Parties
Mr. N.K. Praharaj, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 31.10.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel appearing for the Petitioner as well as the
learned Additional Government Advocate for the State-Opposite
Parties. Perused the Writ Petition as well as the documents annexed
thereto.
3. The present Writ Petition has been filed by the Petitioner with the
following prayer :
"It is therefore prayed that this Hon'ble Court may
graciously be pleased to admit the writ application, and issue
notice to the Opp. Parties as to why the case shall not be
allowed and after hearing parties may kindly be directed to
the Opp. Parties to brought over the petitioner in work
charged establishment w.e.f. 02.09.1993 at par with partly
affected persons instead of 06.09.2003 with all consequential
benefits within a time framed by the Hon'ble Court as the
petitioner is fully displaced person.
And further to direct the Opp. Parties to bring the
petitioner in work charged establishment w.e.f. 02.09.1993 at
par with partly affected person instead of 06.09.2003 with
consequential benefit in the light of the direction of this
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Hon'ble Court as well as Hon'ble Apex Court of India in
stipulated time.
And pass any other order/orders as this Hon'ble Court
would be deem fit and proper as facts and circumstances of
the case."
4. It is submitted by the learned counsel for the Petitioner that
earlier 39 persons approached the Tribunal to bring over them to the
work charged establishment w.e.f. 02.09.1993 instead of 06.09.2003.
The Tribunal after hearing the applicants in O.A. No.1117(C) of 2011
directed the authorities to bring over the applicants to the work charged
establishment w.e.f. 02.09.1993 at par with partly affected persons
instead of 06.09.2003. The order of the Tribunal was assailed before
this Court by the State-Opposite Parties by filing W.P.(C) No.14980 of
2018 which was disposed of by a Division Bench of this Court on
11.07.2022 affirming the order of the Tribunal and further directing the
Opposite Parties to bring over the applicants to the work charged
establishment w.e.f. 02.09.1993 at par with partly affected persons.
5. It is further stated that such judgment of the Division Bench was
assailed before the Hon'ble Supreme Court, however, the SLP filed by
the State bearing SLP (Civil) Diary No.12880 of 2023 has been
dismissed on 03.07.2023 on the ground of delay. Thus, the judgment
passed by this Court as well as the Tribunal has attained finality.
Learned counsel for the Petitioner at this juncture further contented that
the Petitioner stands in a similar footing with the persons who are the
applicants before the Tribunal and judgment in the said case has been
upheld by a Division Bench of this Court as well as the Hon'ble
Supreme Court. In such view of the matter, learned counsel for the
Petitioner submitted that the Petitioner is also entitled to be extended
with such benefits that have been given to one Pramod Chandra Das
and others who were the applicants before the Tribunal. Accordingly,
he has approached this Court by filing the present writ application for a
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direction to the Opposite Parties to treat the Petitioner at par with the
above named Pramod Chandra Das, the Petitioner is W.P.(C) No.14980
of 2018.
6. Learned Additional Government Advocate, on the other hand
contended that the Petitioner has approached this Court directly without
approaching the Departmental Authorities. He further contended that in
the event the Petitioner approaches the Opposite Parties by filing a
detailed representation along with a copy of the order passed by the
Tribunal as well as by a Division Bench of this Court and the Opposite
Parties to consider the same strictly in accordance with law, then he will
have no objection to the same.
7. Considering the submissions made by the learned counsels
appearing for the respective parties and on a careful examination of the
background facts of the present case as well as keeping in view the
limited nature of the grievance, this Court deems it proper to dispose of
the writ application at the stage of admission by granting liberty to the
Petitioner to approach the Opposite Party No.2 by filing a fresh and
detailed representation along with all supporting documents as well as
the judgments referred to hereinabove. In the event, the Opposite Party
No.2 shall do well to consider the case of the Petitioner in the light of
the law laid down in Pramod Chandra Das's case (supra) and
eventually, if the Opposite Party No.2 comes to a conclusion that the
Petitioner stands in a similar footing with Shri Pramod Chandra Das,
then similar benefits be extended to the Petitioner as has been granted to
the above named Pramod Chandra Das and others. Without taking a
ground that the Petitioner was not an applicant before the Tribunal
along with the above named Pramod Chandra Das. The aforesaid
exercise be concluded within a period of two months from the date of
communication of a certified copy of this order. The final decision so
taken be communicated to the Petitioner within two weeks thereafter.
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8. 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: 03-Nov-2023 15:58:04
