Orissa High Court
Goura Chandra Nalla vs State Of Odisha And Others ..... ... on 8 April, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.23479 of 2024
Goura Chandra Nalla ..... Petitioner
Represented By Adv. -
Gyanendra Kumar
Tripathy
-versus-
State Of Odisha and others ..... Opposite Parties
Smt. S. Nayak, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
08.04.2025
Order No.
02. 1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner as well as learned
Additional Standing Counsel for the State. Perused the writ
application as well as the documents annexed thereto.
3. The Petitioner has filed the present writ application with the
following prayer:
"It is, therefore, most respectfully prayed that
your Lordships may graciously be pleased to:
Admit the Writ Petition;
And
Issue a Writ of Mandamus or any other writ of
like nature and Direction(s) or Order(s) to quash
the Order dtd 29.08.2015 passed by Opp. Party
No. 2, communicated vide Memo No. 271/HGs,
dtd. 15.10.2015 under Annexure- 2 and the
consequential Order Memo No. 312/HGs,
dtd.21.09.2019, under Annexure- 7 passed by
Opp. Party No. 3 and to direct Opposite Parties
to re-engage/re-induct the petitioner as Home
Guard in Rayagada Home Guard Organization
keeping in view the Rule- 8 of the Orissa Home
Guards Rules, 1962 along with the Judgment of
this Hon'ble Court reported in 2008(II) OLR 307
& Order dtd.05.11.2015, passed in W.P.(C) No.
15889 of 2015, in the interest of justice and
equity.
And
Pass such other or further orders as this
Hon'ble Court may deem fit and proper in the
facts and circumstances of the present case;"
4. By filing the present writ petition the Petitioner has prayed for
quashing of order dated 29.08.2015 passed by the Opposite Party
No.2 which was communicated vide Memo No.271/HG dated
15.10.2015 under Annexure-2 and consequential order vide Memo
No.312/HG dated 21.09.2019 under Annexure-7 passed by the
Opposite Party No.3 and for a further direction to the Opposite
Parties to re-engage/re-induct the Petitioner as Home Guard in
Rayagada Home Guard Organisation, keeping in view the provisions
of Rule 8 of the Odisha Home Guards Rules, 1962 and in terms of
the judgment reported in 2008 (II) OLR 307 and order dated
05.11.2015 passed in W.P.(C) No.15889 of 2015. Learned counsel
for the Petitioner at the outset contended that the orders under
Annexure-2 & 7, which have been assailed in the present writ
petition, were also the subject matter of challenge in W.P.(C)
No.3715 of 2016 in Bhagirathi Majhi v. Commandant General,
Home Guards & Fire Service, Cuttack and others along with a
batch of writ applications. This Court, vide a common judgment
dated 23.12.2022, disposed of the batch of writ applications by
quashing the Memo No.5787 dated 02.06.2015 and a further
direction was given to the Opposite Parties to consider the case of the
Petitioner in the light of the order passed by a Coordinate Bench in
W.P.(C) No.15889 of 2015 and in terms of the police circular No.2 of
2016 and, further subject to availability of the vacancy, the Petitioner
shall be given appointment immediately by the Commandant General
Home Guards, Rayagada.
5. Since the issue involved in the writ petition is identical to the
one involved in the matter of Bhagirathi Majhi (supra) and a batch
of other similar matters disposed of by a common judgment dated
23.12.2022, this Court deems it proper to dispose of the present writ
petition in terms of the judgment dated 23.12.2022 passed in W.P.(C)
No.3715 of 2016. Accordingly, the impugned orders under
Annexure-2 & 7 are hereby quashed. Further, the Petitioner is
directed to approach the Opposite Party No.3 along with a copy of
the judgment in Bhagirathi Majhi's case (supra) within two weeks
from today. In such eventuality, the Opposite Party No.3 shall do
well to consider the case of the Petitioner in terms of the judgment in
Bhagirathi Majhi's case (supra) and by passing a reasoned and
speaking order within eight weeks from the date of communication of
a copy of this order.
6. With the aforesaid observations/directions, the writ application
stands disposed of.
Issue urgent certified copy of this order as per Rules.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout
Location: High Court of Orissa, Cuttack
Date: 10-Apr-2025 09:47:16 Page 3 of 3.
