Orissa High Court
Sri Padma Charan Jena vs State Of Odisha And Others ..... ... on 2 May, 2024
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.23153 of 2023
Sri Padma Charan Jena ..... Petitioner
Represented By Adv. -
Mr. Patitapaban Panda
-versus-
State of Odisha and others ..... Opposite Parties
Represented By Adv. -
Mr. N.K. Praharaj, A.G.A.
Mr. L. Rayatsingh,
Advocate for O.P. No.3
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
02.05.2024
Order No.
03. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as
learned counsel for the State-Opposite Parties. Perused the
writ petition as well as the documents annexed thereto.
3. The Petitioner has filed the present writ petition with
the following prayer:-
"The petitioner, therefore, most respectfully
prays your Lordship may graciously be pleased to
issue notice to the Opp. Parties as to why the
impugned order dtd. 01.06.2023 under
Annexure-10 shall not be quashed and as to why
the petitioner service shall not be regularized in
Jatni Municipality, failing to show cause or
showing insufficient cause be pleased to pass
appropriate order(s)/direction(s) to regularize the
services of the petitioner within a stipulated period
in terms of the ratio decided by the Hon'ble Apex
Court in Para-53 of judgment in the case of State of
Karnatak Vs. Uma Devi as well as State of
Karnatak Vrs. M.L. Kesari and further be pleased
to quash the impugned order dtd. 01.06.2023 under
Annexure-10.
And pass such other, order/orders,
direction/directions as this Hon'ble Court deem, fit
and proper in the facts and circumstances of the
case."
4. It is submitted by the learned counsel for the Petitioner
that the Petitioner wants to make a fresh representation before
the authority concerned with a direction from this Court to the
authority to consider the case of the Petitioner within a
stipulated period of time.
5. Learned counsel for the State-Opposite Parties submits
that he has no objection if the Petitioner is permitted to file a
fresh representation before the authority concerned with a
direction to the authority concerned to consider the
representation of the Petitioner in accordance with law within
a stipulated period of time.
6. Considering such submission and without expressing
any opinion on the merit of the case, this Court disposes of the
writ petition permitting the Petitioner to make a fresh
representation before the Opposite Party No.1 within a period
of three weeks from today and in such event the
representation filed by the Petitioner taking therein all the
grounds, the Opposite Party No.1 shall do well to consider
and dispose of the same, by taking into consideration the
order dated 02.01.2023 passed by the Under Secretary to
Government of Odisha in Housing & Urban Development
Department in the case of Nirmal Chandra Moharana and
others under Annexure-13 to the writ petition, by passing a
speaking and reasoned order within a period of two months
from the date of filing of such representation. The decision so
taken on such representation shall be communicated to the
Petitioner within two weeks thereafter. Further, it is directed
that in the event it is found that the Petitioner stands in similar
footing with the above named Nirmal Chandra Moharana and
others as indicated in order dated 02.01.2023 under Annexure-
13 to the writ petition, then similar relief be given to the
Petitioner by absorbing him in the work charged
establishment.
( A.K. Mohapatra )
Judge
Debasis
