Sanjita Mahanta vs State Of Odisha And Others ..... ...
2025 Latest Caselaw 7358 Ori

Orissa High Court

Sanjita Mahanta vs State Of Odisha And Others ..... ... on 22 April, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            WP(C) No.24309 of 2024
            Sanjita Mahanta              .....       Petitioner
                                                           Represented By Adv. -
                                                           Sukanta Kumar Dalai

                                          -versus-
            State Of Odisha and others           .....          Opposite Parties
                                                           Represented By Adv. -
                                                           Mr. M.R. Patra, A.S.C.

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

                                           ORDER

Order No.                                22.04.2025
   02.      1.    This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State-Opposite Parties. Perused the pleadings of the respective parties as well as documents annexed thereto.

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

"It is, therefore, humbly prayed that this Hon'ble Court may graciously be pleased to admit the writ petition, issue rule nisi calling upon the opposite parties to show cause as to why the order dtd.04.08.2024 vide Annexure-6 shall not be quashed declaring the same as illegal, arbitrary, malafide and contrary to the State policy under Annexure-1, and in gross violation to the principles of natural justice with further direction to extend the benefits of promotion in view of the Notification dated 27.02.2024 in selecting the petitioner to the post of Accountant-Cum-Data Entry

Operator forthwith with retrospective service benefits in terms of the promotion dated 02.08.2024 to secure ends of justice."

4. Learned counsel for the petitioner at the outset contended that initially the petitioner joined as GRS on 28.02.2011, on contractual basis. Thereafter, the contract was renewed from time to time and the petitioner was continuing in service uninterruptedly. While working as such, the petitioner got entangled in his vigilance case as a result of which the petitioner was disengaged from service w.e.f. 12.12.2018. Challenging such disengagement order the petitioner approached this Court by filing W.P.(C) No.21256 of 2018. In the aforesaid writ application, by virtue of interim order dated 01.02.2019, the opposite parties were directed that in the event the work involving the petitioner has not been assigned to anybody else, then the petitioner shall be allowed to continue to work till the next date. By virtue of the aforesaid interim order the petitioner continued in service till expiry of his contractual period. Learned counsel for the petitioner further submitted that on the basis of the performance appraisal report the contract of the petitioner was again renewed and the petitioner has been continuing his service thereafter.

5. Learned counsel for the petitioner further contended that in the meantime the petitioner faced trial in the vigilance case bearing CTR No.01 of 2019. Later on, by virtue of judgment dated 02.05.2024 of the learned Special Judge, Vigilance, Sundargarh in the above noted CTR case, the petitioner was acquitted of all charges. After acquittal of the petitioner in the vigilance case, the B.D.O., Lahunipada, vide letter dated 22.05.2024 under Annexure-5, requested the Collector, Sundargarh to take steps for necessary rectification/omission of entries against serial No.174 of the provisional gradation list for GRS

for the year 2024. He further contended that after acquittal of the petitioner in the vigilance case she was reinstated in service by order dated 02.08.2024 under Annexure-3 and the service of the petitioner was absorbed against the post of Accountant-cum-D.E.O and her name finds place as against serial No.154 of the list appended to the list under Annexure-3.

6. Learned counsel for the petitioner at this juncture further contended that although the petitioner was absorbed in service pursuant to the order under Annexure-3, however, vide order dated 4th August, 2024 under Annexure-6, the petitioner was demoted to the post of GRS on the ground that the petitioner had not disclosed the fact that he had approached this Court by filing W.P.(C) No.21256 of 2018. Learned counsel for the petitioner contended that the filing of W.P.(C) No.21256 of 2018 was well within the knowledge of the opposite parties and, pursuant to the order passed on 01.02.2019 in the abovenoted writ application, the petitioner was taken back into service by the opposite parties. Therefore, it is no more open to the opposite parties to take such a ground to demote the petitioner to the post of GRS from the post of Accountant-cum- D.E.O.

7. Learned counsel for the State on the other hand contended that the State-Opposite Parties have filed the counter affidavit. Further, referring to the counter affidavit, learned counsel for the State contended that although the petitioner was removed from service, however, by virtue of interim order passed by this Court, he was again taken back in his service. He further contended that during his service the petitioner got entangled in a vigilance case. However, she has been acquitted in the meantime of all charges. Considering such

development, the opposite parties absorbed the petitioner in the post of Accountant-D.E.O. However, subsequently it was deducted that the petitioner has not disclosed the fact of the pendency of the writ application before this Court. Accordingly, the order dated 04.08.2024 has been passed thereby demoting the petitioner to the post of GRS awaiting the final decision in the pending writ application.

8. Having heard the learned counsels appearing for the respective parties, on a careful examination of the materials on record, further keeping in view the factual background of the present case, this Court observes that although initially the petitioner had approached this Court by filing W.P.(C) No.21256 of 2018, however the relief sought for in the said writ application was confined to a contractual appointment for a period of eleven months. Such contractual period has lapsed long since. Therefore, it appears that the writ application has become infructuous. Moreover, it is also observed that after expiry of the contractual period the petitioner has been re-engaged in the post of GRS basing upon the performance appraisal till 2024. Therefore, it is not disputed that by the time the Rules, 2024 came into force the petitioner was serving as GRS. Furthermore, taking into consideration the eligibility criteria for the post of Accountant- cum-D.E.O. the petitioner was absorbed in the post of Accountant- cum-D.E.O. The only ground that has been taken by the State- Opposite Parties is that the petitioner had suppressed the information with regard to the pendency of the writ application. The said ground is unsustainable in law inasmuch as the petitioner was initially reinstated in service after he was dismissed pursuant to the order passed by this Court in the previous writ application on 01.02.2019.

Considering the validity of the other dated 04.08.2024 under Annexure-6 from any angle, this Court is of the view that the same is unsustainable in law. Accordingly, the same is hereby quashed. Further, the writ application is allowed with a direction to the opposite parties to give effect to the order dated 02.11.2024 whereby the petitioner was absorbed in the post of Accountant-cum-D.E.O. keeping in view the seniority of the petitioner in the common gradation list.

9. With the aforesaid observations and directions, the writ application stands disposed of.

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

( A.K. Mohapatra ) Judge

Rubi