Orissa High Court
Nikalas @ Nicalas Khosla vs State Of Odisha And Others on 20 August, 2025
Author: Murahari Sri Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No.272 of 2025
Nikalas @ Nicalas Khosla .... Appellants
Mr.Neelakantha Panda, Advocate
-versus-
State of Odisha and others .... Respondents
Mr.Saswat Das, Additional Government Advocate
CORAM:
HON'BLE THE CHIEF JUSTICE
AND
HON'BLE MR.JUSTICE MURAHARI SRI RAMAN
ORDER
20.08.2025
Order No.
04. 1. Against the order dated 20th January, 2025 passed in
W.P.(C) No.19998 of 2022 by the learned Single Judge of this
Court dismissing the Writ Petition filed with a prayer to re-engage
the petitioner in service as Attendant, this Writ Appeal is preferred
under Clause 10 of the Letters Patent constituting the High Court of
Judicature at Patna and Rule 6 of Chapter-III and Rule 2 of Chapter-
VIII of the Rules of the High Court of Orissa, 1948.
2. The appellant has filed Writ Petition challenging a order
dated 21st July, 2022 of the Chief District Medical and Public
Health Officer, Koraput refusing to re-engage the appellant as
Attendant. The case of the petitioner as narrated in the writ petition
reveals that the petitioner was working as Attendant being initially
engaged on 7th December, 2006 as contractual employee at
Community Health Centre at Narayanpatna and continued till 27th
June, 2016. He was placed under suspension in terms of Rule 12(2)
of the Odisha Civil Services (Classification, Control and Appeal)
Rules, 1962 being arrested by/detained in police custody in
connection with criminal case initiated against him in Narayanpatna
P.S. Case No.49 of 2016.
2.1. The appellant stood trial in C.T. Case No.63 of 2016
(arising out of G.R. Case No.164 of 2016 corresponding to
Narayanpatna P.S. Case No.49 dated 25th June, 2016, committed by
the learned J.M.F.C., Laxmipur) in the Court of the learned
Additional Sessions Judge, Koraput. Vide judgment dated 28th
February, 2022, the appellant was found "not guilty of offence
under Section 354-B of the Indian Penal Code and he was acquitted
from the said charge under Section 235(1) of the Cr.P.C.".
2.2. After he was set at liberty and discharged from the bail
bonds, he approached the authority concerned for re-engagement.
3. Mr. Neelakantha Panda, learned Advocate submitted that
since the case of the appellant was not considered by the respondent
No.2, the appellant filed Writ Petition, registered as W.P.(C)
No.8825 of 2022, which came to be disposed of on 13th April, 2022
with a direction to consider his representation. As the respondent
No.2 rejected the representation by order dated 21st July, 2022, the
Writ Petition (W.P.(C) No.19998 of 2022) challenging the said
order was filed which stood dismissed by order dated 20th January,
2025, which is subject-matter in the present writ appeal.
3.1. He further submitted that the petitioner was acquitted of all
the charges and proved not guilty in the Criminal Trial. In absence
of fault being attributable to the appellant, he should have been
considered for re-engagement. It is brought to the notice of this
Court that the co-accused, who stood trial along with the appellant,
on his acquittal by virtue of same Judgment dated 28th February,
2022 of the Additional Sessions Judge referred to supra has been re-
instated in service by respondent No.2. It is fervently prayed by Mr.
Nilakantha Panda, Advocate that the case of the appellant deserves
similar treatment. He submitted that through and additional affidavit
dated 10th July, 2024 such fact was placed before the Writ Court,
but the learned Single Judge did not appreciate the same and
dismissed the Writ Petition.
4. The instant matter was taken up on 7th July, 2025 and
subsequent thereto on couple of occasions. The learned Additional
Government Advocate sought for accommodation to obtain
instructions with regard to exploring possibility of consideration of
engagement of the appellant in service. Today, Mr. Saswat Das,
learned Additional Government Advocate furnished instructions as
supplied to him by the Chief District Medical and Public Health
Officer, Koraput.
4.1. Perusal of document enclosed to said instruction, it is
revealed from Office Order No.5358/Estt.Group-"D"/2025, dated
19th August, 2025 that:
"Office of the Chief District Medical &
Public Health Officer, Koraput.
No.5355/Estt.-Group-"D"/2025 Dated, the 19th August, 2025
OFFICE ORDER
Whereas, Sri Nikalas @ Nicalas Khosla, Ex-Attendant, working on
daily wage basis in CHC Narayanpatna, was arrested by the Police
in a criminal case on 27.06.2016 in connection with Narayanpatna
P.S. Case No.49/2016 and detained in custody for a period
exceeding 48 hours; the said Nikalas @ Nicalas Khosla has been
disengaged from his daily wage engagement with effect from
27.06.2016, i.e. the date of his arrest and detention, vide this office
Order No.3888, dated 01.07.2016.
xxx xxx xxx
Now therefore, considering the representation dated 05.05.2025 of
the Petitioner Nikalas Nicalas Khosla, considering the fact that
similarly situated employee K. Nagabhusan Achary, Pharmacist has
been reengaged/ reinstated in service on being acquitted from the
criminal charges in the very same case, the Petitioner Nikalas
Nicalas Khosla is hereby reengaged as Attendant on daily wage
basis for a period of one year or till his attaining sixty year of age,
or till posting of regular Attendant in his place, whichever is earlier
with condition that he will not claim for regularization of his service
in future as his appointment is purely on daily wage basis.
On such reengagement he is entitled to daily wages at the rate of
un-skilled labour as notified by the Labour & ESI Department,
Odisha from time to time and posted to CHC Narayanpatna against
the vacant post. Sri Nikalas Nicalas Khosla, Attendant shall join in
his duty within 30 days of this order, failing which this order shall
remained cancelled automatically.
Sd/-
Chief District Medical &
Public Health Officer, Koraput
Dated, the 19th August, 2025"
5. Since the relief sought for by the appellant, has been
granted by the authority concerned, there remains nothing for
adjudication in this Writ Appeal.
6. Hence, the Writ Appeal stands disposed of as infructuous.
(Harish Tandon)
Chief Justice
(M.S. Raman)
Judge
Bichi
Signed by: BICHITRANANDA SAHOO
Designation: Secretary
Reason: Authentication
Location: Orissa High Court
Date: 21-Aug-2025 17:25:33
