Orissa High Court
Sudhakar Sethi vs State Of Odisha & Ors. ..... Opposite ... on 15 April, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.10029 of 2025
Sudhakar Sethi ..... Petitioner
Represented By Adv. -
Pranab Ranjan Chhatoi
-versus-
State Of Odisha & Ors. ..... Opposite Parties
Represented By Adv. -
D.K. Sahoo, A.G.A.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
15.04.2025
Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
Additional Govt. Advocate for the State-Opposite Parties. Perused
the writ application as well as the documents annexed thereto.
3. The Petitioner has filed the present writ application with the
following prayer:
"In the above facts and circumstances, the petitioner,
therefore, most humbly prays that your Lordship would be
graciously pleased to admit the writ petition, issue notice
to the opposite parties and after hearing the counsel for
the parties, this Hon'ble Court be further pleased to direct
the Opposite Parties to regularize the service of the
petitioner in the post of Peon in Palimi Gram Panchayat
under Aul Block in the district of Kendrapara within a
stipulated period as would be fixed by this Hon'ble Court;
And be further pleased to direct the Opposite Parties
to pay the arrear monthly salary as well as current salary
and other allowances as due and admissible in favour of
the petitioner,
And/or pass such other order/direction as deem fit
and proper in the fact and circumstances of the case."
4. Learned counsel for the Petitioner at the outset contended that
the Petitioner has approached this Court with a prayer for
regularization of his service and payment of arrear salary as is due
and admissible to the Petitioner in terms of the letter dated
07.02.2024 under Annexure-2 to the writ application. He further
contended that neither the service of the Petitioner has been
regularized nor he has been paid the remuneration as has been
directed by the Director of Panchayati Raj vide letter dated
07.02.2024 under Annexure-2 to the writ application. Being
aggrieved by such inaction on the part of the Opposite Party No.4,
Sarpanch, Palimi Gram Panchayat, the Petitioner has approached this
Court by filing the present writ application.
5. Learned counsel for the State on the other hand contended that
on a perusal of the writ application it appears that the Petitioner has
not approached the Opposite Party with a prayer for regularization of
his service. In such view of the matter, learned counsel for the State
further contended that in the event this Court directs the Petitioner to
approach the competent authority with a prayer for regularization of
his service and payment of arrear salary dues in accordance with law
within a stipulated period of time, then he will have no objection to
the same.
6. Considering the submissions of learned counsels for the
parties, on a careful examination of the background facts as well as
materials on record, further keeping in view the nature of the
grievance involved in the writ application, this Court deems it proper
to dispose of the writ application at the stage of admission by
granting liberty to the Petitioner to approach the Opposite Party No.2
by filing a detailed representation along with supporting documents
along with a certified copy of this order within a period of two weeks
from today. In such eventuality, the Opposite Party No.2 shall do
well to consider the representation of the Petitioner strictly in
accordance with law by taking into consideration the judgments
relied upon by the Petitioner in his representation. The representation
of the Petitioner shall be considered and disposed of within a period
of three months from the date of receipt of a copy of the
representation by passing a speaking and reasoned order. The final
decision so taken be communicated to the Petitioner within ten days
from the date of taking such a decision. It is further directed that no
coercive action shall be taken against the Petitioner till disposal of his
representation. It is further clarified that, if required, the Opposite
Party No.2 shall take approval of the Collector & District Magistrate,
Kendrapara. It is further made clear that in the event it is found that
the amount is due to the Petitioner towards arrear salary, the Opposite
Party No.2 shall ensure that the same is paid in accordance with law
to the Petitioner within a period of four weeks from the date of
communication of a certified copy of this order.
7. With the aforesaid observations/ directions, the writ
application stands disposed of.
8. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
Signed by: ANIL KUMAR SAHOO Page 4 of 4.
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 16-Apr-2025 11:35:54
