Samsudin Khan And Others vs State Of Odisha And Others
2023 Latest Caselaw 11692 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                              W.P.(C) No.30835 of 2023

             Samsudin Khan and others                 ....          Petitioners

                                                  Mr. S.K.Das,
                                                  Advocate

                                       -versus-
             State of Odisha and others             ....      Opposite Parties
                                                  Mr.T.K.Patnaik,
                                                 Addl. Standing Counsel
             CORAM:

                         JUSTICE SASHIKANTA MISHRA


                                         ORDER

Order No.                               26.9.2023.
 01.        1.     This matter is taken up through hybrid mode.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioner has approached this Court seeking the following relief:-

"Under the above circumstances, it is therefore humbly prayed that the Hon'ble Court be graciously pleased to direct the Opp. Parties to regularize the services of the Petitioners as their case is squirrely covered by the ratio decided in the case of Sk.Saifur Raheman and others vs. State of Odisha and others (WPC(OAC) No.1568/2018 disposed of on 2.5.2023)."

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4. In course of hearing, it is submitted that on the self-

same issue relating to other persons finding place in the common gradation list, a coordinate bench of this Court has passed a judgment on 2nd May, 2023 in W.P.C(OAC) Nos.1568/2018 and 4573 of 2016, inter alia, holding as follows;

"In view of the materials available on record and in view of such long continuance for more than 20 years, it is to be held that the Petitioners are continuing as against substantive vacancies and the opposite parties are required to absorb the Petitioners in the regular establishment and/or in the work charged establishment. Therefore, this Court placing reliance on the decision as cited (supra) directs the Opp. Parties to absorb the Petitioners in the regular establishment and/or in the work charged establishment within a period of three (3) months from the date of receipt of this order".

5. It is submitted by learned State counsel that the principles laid down in the said judgment can only be applied with reference to the peculiar facts relating to the Petitioners. This Court finds that highlighting such grievance, the Petitioners have submitted a representation addressed to the Engineer-in-Chief (Civil), Odisha, Bhubaneswar (Opposite Party No.2, on 9th June, 2023 enclosing a copy of the judgment passed by the coordinate Bench referred above.

6. Since the matter is pending before the competent authority, the Writ Petition is disposed of directing the Opposite Party No.2 to consider and take a decision on the representation of the Petitioners within a period of two months

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from the date of production of certified copy of this order by the Petitioners. In doing so, the Opposite Party No.2 shall take note of the relevant particulars and facts relating to the Petitioners vis-à-vis the applicability of the Judgment referred to supra.

7. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) Judge AKB

Signature Not Verified Digitally Signed Signed by: ASHOK KUMAR BEHERA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 27-Sep-2023 11:26:08