Ananga Dehury vs State Of Odisha & Ors. .... Opposite ...
2024 Latest Caselaw 145 Ori

Orissa High Court

Ananga Dehury vs State Of Odisha & Ors. .... Opposite ... on 3 January, 2024

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                       W.P.(C)(OAC) No.4759 of 2015

        Ananga Dehury                            ....               Petitioner
                                                           Mr. D.K. Pattnaik, Advocate

                                                -versus-

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

                            CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                        ORDER

03.01.2024 Order No

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

2. Heard learned counsel appearing for the Parties.

3. The present writ petition has been filed inter alia with the following prayer.

"It is, therefore, humbly prayed that this Hon'ble Tribunal may graciously be pleased to:

(i) direct the respondents to regularize the service of the applicant with effect from his initial date of engagement for the purpose of pension and pensionary benefits.

(ii) direct the respondents to give applicant pension and other pensionary benefits treating the entire period of service as regular employees.

(iii) and may pass such other order/orders as deemed just and proper.

And for this act of kindness, the applicant shall as in duty bound ever pray."

4. It is contended that the claim made by the Petitioner in the present Writ Petition is covered by a decision of this Court so // 2 //

rendered on 27.07.2022 passed in W.P.(C) No.11686 of 2022 which has also been confirmed vide order dtd.01.11.2023 in W.A No.663 of 2023. It is contended that in view of the nature of order passed by this Court on 27.07.2022as cited supra, petitioner's case is required to be considered in the light of the said judgment.

5. Learned Addl. Govt. Advocate has no serious objection to the course of action proposed by the learned counsel appearing for the Petitioner.

6. Having heard learned counsel for the parties and considering the submissions made, this Court while disposing the Writ Petition directs Opp. Party No.1 to take a decision on the claim of the Petitioner as made in the Writ Petition and pass appropriate order therein in accordance with law within a period of three (3) months from the date of receipt of this order.

However, it is observed that while taking such a decision, the relevancy and effect of the judgment dtd.27.07.2022 so passed by this Court in W.P.(C) No.11686 of 2022 be taken into consideration in its proper prospective.

Learned counsel appearing for the Petitioner is directed to provide a copy of this order along with judgment dtd.27.07.2022 before Opp. Party No.1 within a period of two (2) weeks from today for compliance.

7. The Writ Petition is accordingly disposed of.

(Biraja Prasanna Satapathy)

Judge Sneha Location: High Court of Orissa, Cuttack Date: 05-Jan-2024 13:57:44