Priya Ranjan Mohanty vs ) State Of Odisha ..... Opposite Parties
2024 Latest Caselaw 8479 Ori

Orissa High Court

Priya Ranjan Mohanty vs ) State Of Odisha ..... Opposite Parties on 6 May, 2024

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   WP(C) No.23643 of 2021

            Priya Ranjan Mohanty                  .....                 Petitioner
                                                            Represented By Adv. -
                                                            M/s Mithun Das,
                                                            K.hussain


                                           -versus-

            1) State Of Odisha                    .....         Opposite Parties
            2) Principal Secy To Govt Of                   Represented By Adv. -
            Odisha                                         D.Nayak, AGA



                                  CORAM:
                    THE HON'BLE MR. JUSTICE ADITYA KUMAR
                                MOHAPATRA

                                             ORDER

Order No.                                   06.05.2024
    10.        1.     This matter is taken up through Hybrid Arrangement (Virtual
               /Physical Mode).

2. Heard learned counsel for the Petitioner as well as learned Additional Government Advocate. Perused the writ application as well as the documents annexed thereto.

3. The Petitioner has filed the present writ application with the following prayer:

"Under the aforesaid facts and circumstances of the case, it is therefore, prayed that this Hon'ble court may kindly issue rule NISI in the nature of writ mandamus or any other writ/writs applicable and direct to quash the order No. 8683 dated: 26.04.2021 passed by the Opposite Party No- 1, under Annexure-1, and to consider the case of

the petitioner for his regularization of service in response to the Order No. 02 dtd: 05.05.2020 passed in W.P.(C) No. 11160 of 2020 by the Hon'ble High Court of Orissa, by taking into consideration of the fresh materials and grounds along with the fact that similarly situated person have already been availed the benefit, as deemed just and proper.

And pass such other order(s)/direction(s) as may be deemed fit proper in the bonafide interest of justice."

4. Learned counsel for the Petitioner submitted that the case of the Petitioner is covered by a order of the Hon'ble Division Bench of this Court passed in W.P.(C) No.19767 of 2019 disposed of on 02.08.2022. Learned counsel for the Petitioner further contended that in view of the judgment of the Hon'ble Division Bench wherever the appointments are irregular, therefore the authorities may take a decision on his service however, wherever such appointments are illegal, in those cases the service cannot be regularized.

5. Learned counsel for the State also contended that the case of the Petitioner is covered by the aforesaid judgment of the Hon'ble Division Bench.

6. In such view of the matter, the impugned order passed by the Authorities under Annexure-1 is hereby set aside. Further, the matter is remanded back to the Opposite Party No.1 to consider the matter afresh in the light of the judgment of the Hon'ble Division Bench referred to hereinabove. Accordingly, the Petitioner is directed to approach the Opposite Party No.1 along with a copy of today's order and a copy of order passed in W.P.(C) No.19767 of 2019 disposed of on 02.08.2022 (State of Odisha & ors. vs. P.Prasanna Kumar Patro) and take a final decision within two months from the date of communication of a copy of today's order. The decision so taken by

the Opposite Party No.1 be also communicated to the Petitioner within two weeks thereafter.

7. With the aforesaid observation, the writ application stands disposed of.

8. Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra ) Judge Anil

Location: High Court of Orissa