Orissa High Court
Prangya Paramita Patra 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.24747 of 2024
Prangya Paramita Patra ..... 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
04. 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 writ application 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. 15.3.2024 vide Annexure-6
shall not be quashed declaring the same as illegal,
arbitrary, malafide and contrary to the State policy under
Annexure-4, 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 effects in
the light of W.P.(C) No.8791 of 2024 vide order dated
24.07.2024 & order dated 22.08.2024 issued by the
Collector, Kandhamal to secure ends of justice.
And pass such other order/orders as would be deemed fit
and proper."
4. It is stated by the learned counsel for the petitioner that
although the petitioner is eligible to be absorbed in the post of
Accountant-cum-D.E.O, in terms of the Rule, 2024, however her case
has not been considered by the opposite parties. He further contended
that initially the petitioner was engaged on GRS on 10.11.2012.
While working as GRS, the petitioner was disengaged on the ground
that she had availed the maternity leave. Thereafter, the petitioner
approached the appellate authority, the appellate authority vide order
dated 06.07.2020 under Annexure-3 directed to reinstate the
petitioner in service by executing a fresh agreement in her favour.
Since such reinstatement, the petitioner has been discharging her duty
continuously. Learned counsel for the petitioner further contended
that although the petitioner satisfies all the eligibility criteria,
however she has not been absorbed in terms of the proviso to Rule
10(1) of the Rules, 2024.
5. Learned counsel for the State on the other hand contended that
although no counter affidavit has been filed, however he will have
no objection in the event this Court directs the opposite parties to
consider the case of the petitioner in accordance with law and within
a stipulated period of time.
6. Taking into consideration the submissions made by the learned
counsels appearing for the respective parties, on a careful
examination of the background facts, further keeping in view the
judgment of the coordinate bench in Ashis Kumar Debta vs. State of
Odisha and others in W.P.(C) No.5838 of 2024 and the order of the
appellate authority dated 06.07.2020 under Annexure-3, the present
writ application being disposed of by directing the Opposite Party
No.2 to consider the case of the petitioner for the absorption against
the post of Accountant-cum-D.E.O. within a period of three months
from the date of communication of a certified copy of today's order.
It is needles to mention here that while absorbing the services of the
petitioner the opposite parties shall keep in mind the seniority of the
petitioner in the common gradation list at GRS.
7. With the aforesaid observations and directions, the writ
application stands disposed of.
8. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Rubi
