Orissa High Court
Sabita Nayak vs ) State Of Odisha ..... Opposite Parties on 29 April, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.11120 of 2025
Sabita Nayak ..... Petitioner
Represented By Adv. -
Dibyajyoti Nayak
-versus-
1) State Of Odisha ..... Opposite Parties
2) Nac, Nimapara , Executive Officer Represented By Adv. -
3) Director, Housing And Urban Ms.Sasmita Nayak,ASC
Devlopment
4) Executive Officer, Nimapara Nac
5) Public Information Officer,
Nimapara Nac, Nimapara
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
29.04.2025
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 Standing Counsel for the State-Opposite
Parties. Perused the Writ Petition as well as the documents
annexed thereto.
3. The Petitioner has filed the present Writ Petition with the
following prayer:
"It is prayed, therefore, that this Hon'ble Court
may graciously be pleased to:-
a) Admit the writ application.
b) Call for the records.
c) Issue Rule Nisi calling upon the Opp.Parties to
show cause as to why direction shall not be given
to the Opp.Parties to regularise the service of the
Petitioner as a regular sweeper in the office of
NAC Nimapara, Puri with all consequential service
benefits within a stipulated period fixed by this
Hon'ble Court.
d) If the Opp.Parties do not show cause or show
insufficient cause, the Rule may be made absolute
and a writ in the nature of Mandamus or any other
writ(s), order(s), direction(s) be issued to the
Opp.Parties to regularise the service of the
Petitioner as a regular sweeper in the Office of
NAC Nimapara, Puri with all consequential service
benefits within a stipulated period fixed by this
Hon'ble Court.
And pass any other order which will be deemed
fit and proper for the ends of justice."
4. It is stated by the learned counsel for the Petitioner that
although there are regular vacancies in the post in which the
Petitioner has been engaged on contractual basis. He further
submitted that although she has worked for 17 years and there
are regular vacancies, the case of the Petitioner was not
considered for her regularisation.
5. In course of hearing of the Writ Petition, learned counsel
for the Petitioner submits that the Petitioner ventilating his
grievance has submitted representation dated 29.10.2024
before the Director, Housing & Urban Development, Govt. of
Odisha, Opposite Party No.3 under Annexure-3 and submitted
representation dated 29.10.2024 before the Executive Officer,
Nimapara N.A.C., Opposite Party No.4 under Annexure-4. It is
also submitted by the learned counsel for the Petitioner that
the said representations are pending as of now. It is also
submitted by the learned counsel for the Petitioner that a
direction be issued to the Opposite Party Nos.3 & 4 to consider
the representations of the Petitioner under Annexures-3 & 4
within a stipulated period of time.
6. Learned Additional Standing Counsel for the State
submits that he has no objection if the representations of the
Petitioner is considered by the Opposite Party Nos.3 & 4,
which is stated to be pending, in accordance with law within a
stipulated period of time.
7. Considering the limited nature of grievance of the
Petitioner, the Writ Petition is disposed of at the stage of
admission with a direction to the Opposite Party Nos.3 & 4 to
consider the representation of the Petitioner under Annexures-
3 & 4 6 taking into consideration the order dated 05.05.2023
passed in WPC(OAC) No.3122 of 2018 confirmed in
W.A.No.319 of 2024 vide judgment dated 07.03.2025 within a
period of three months from the date of communication of
certified copy of this order. The Opposite Party Nos.3 & 4 shall
do well to dispose of the representation of the Petitioner under
Annexures-3 & 4 by passing a speaking and reasoned order.
The final decision so taken be also communicated to the
Petitioner within 10 days thereafter. It is further directed that till
a decision is taken on the representation of the Petitioner, no
coercive action shall be taken against the Petitioner by the
Opposite Parties.
8. With the aforesaid observation, the Writ Petition stands
disposed of.
9. 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: 30-Apr-2025 17:19:03
