Orissa High Court
Devi Prasad Adhikari vs ) State Of Odisha ..... Opposite Parties on 23 April, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.10690 of 2025
Devi Prasad Adhikari ..... Petitioner
Represented By Adv. -
Shashibhusan Biswal
-versus-
1) State Of Odisha ..... Opposite Parties
2) Director, Panchayati Raj And Represented By Adv. -
Drinking Water Dept.,odisha Ms.Sasmita Nayak,ASC
3) Collector-cum-ceo, Zilla Parishad,
Gajapati
4) Chief Development Officer-cum-
executive Officer, Zilla Parishad,
Gajapati
CORAM:
THE HON'BLE JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
Order No. 23.04.2025
01. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. Heard learned counsel for the Petitioner and
learned Additional Standing Counsel appearing for the
State.
3. The Petitioner has filed the present writ petition
with the following prayer:-
"In view of the above stated facts and
circumstances, this Hon'ble Court may
graciously be pleased to issue Rule NISI
calling upon the Opposite Parties to show-
cause as to why necessary directions shall not
be issued to treat the period of service
rendered by the Petitioner prior to
regularization of his service in the post of Data
Entry Operator-cum-Programme Officer as
continuity of service for the purpose of
seniority and pensionary benefits and further
as to why financial benefits as applicable to
regular employees shall not be extended to
the Petitioner from the date of completion of
ten years of his service in the said post,
And if the Opposite Parties fail to show
cause or show insufficient cause this Hon'ble
Court may make the said rule absolute by
issuing a writ of mandamus directing the
Opposite Parties to treat the period of service
rendered by the Petitioner prior to
regularization of his service in the post of Data
Entry Operator-cum-Programme Officer as
continuity of service for the purpose of
seniority and pensionary benefits and also
extend financial benefits to the Petitioner as
applicable to regular employees from the date
of completion of ten years of service in the
said post,
AND further be pleased to issue any other
appropriate writ/writs, rule/rules or
order/orders, direction/directions as may be
deemed fit and proper in the interest of
justice."
4. It is submitted by the learned counsel for the Petitioner
that the Petitioner wants to make a fresh representation
before the authority concerned with a direction from this
Court to the authority to consider the case of the Petitioner
within a stipulated period of time.
5. Learned Additional Standing Counsel for the State
submits that he has no objection if the Petitioner is permitted
to file a fresh representation before the authority concerned
with a direction to the authority concerned to consider the
representation of the Petitioner in accordance with law within
the stipulated period of time.
6. Considering such submission and without expressing
any opinion on the merit of the case, this Court disposes of
the writ petition permitting the Petitioner to make a fresh
representation before the Opposite Party No.3 within a
period of two weeks from today and in the event such
representation is filed before the Opposite Party No.3, the
Opposite Party No.3 shall do well by passing a speaking and
reasoned order keeping in view the law laid down in this
judgment of Ranjan Kumar Das Mohapatra vs. State of
Odisha & anr in W.P.(C) No.1147 of 2022 within a period of
two months from the date of filing of such representation and
the decision thereof so taken shall be communicated to the
Petitioners within two weeks thereafter.
7. With the aforesaid observation, the writ application
stands disposed of.
Issue urgent certified copy of this order as per Rules.
(A.K. Mohapatra)
Judge
RKS
Designation: AR-CUM-Senior Secretary
Location: High Court of Orissa
Date: 24-Apr-2025 17:15:18
