Suresh Kumar Nayak vs State Of Odisha & Others
2024 Latest Caselaw 10830 Ori

Orissa High Court

Suresh Kumar Nayak vs State Of Odisha & Others on 28 June, 2024

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                    W.P.(C) (OA) No.1798 of 2017
        Suresh Kumar Nayak
                                         ....                       Petitioner
                                                       Mr. M. Pratap, Advocate
                               -versus-
        State of Odisha & Others
                                  ....                      Opposite Parties
                                                        Mr. S.S. Pradhan, AGA


                              CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY
                                 ORDER

Order No.                      28.06.2024
      05. 1.     This   matter    is   taken    up    through      Hybrid

Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel appearing for the Parties.

3. The Petitioner has filed the present Writ Petition inter alia with the following prayer: -

"(I) The Hon'ble Tribunal graciously be pleased to direct the Respondents in general and Respondent No.2 in particular to absorb the applicant after completion of 10 years of DLR Service in view of Finance Department circular dt.15.5.1997 which was duly acknowledged in ID Case No.42/1991 as well as in order / judgment dt.31.3.2004 in OJC No.12089/1999 by Hon'ble High Court of Odisha and which was duly implemented with retrospective service and financial benefits to those petitioners vide Office Order O.206 dt.25.1.2012 by Superintending Engineer, RWSS Circle, Bhubaneswar,

AND

(ii) Further be pleased to direct the Respondents to bring his service to the W/Ch. Establishment in the // 2 //

year 2011 (dt.11.02.2011) when his juniors were brought over to W/Ch. Establishment and thereafter regularized his service bringing to regular establishment on completion of 5 years fro 11.02.2011 i.e. 11.02.2016 with all service and financial benefits,

AND

(iii) Further be pleased to pass any other orders/ directions as deem fit and proper in the facts and circumstances of the case".

4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a fresh representation before Opp. Party No.1 by enclosing all the relevant documents and citations in support of his claim, if any, within a period three (3) weeks hence.

5. It is observed that if such a representation is filed within the aforesaid period, Opp. Party No.1 shall do well to take a lawful decision on the same within a period of three (3) months from the date of receipt of such representation. The order so passed by the Opp. Party No.1 be communicated to the Petitioner.

6. With the aforesaid observation and direction, the Writ Petition is disposed of.

(Biraja Prasanna Satapathy)

Subrat Judge

Location: HIGH COURT OF ORISSA, CUTTACK Date: 01-Jul-2024 13:58:49