Udayanath Barik vs State Of Odisha And .... Opposite ...
2025 Latest Caselaw 3811 Ori

Orissa High Court

Udayanath Barik vs State Of Odisha And .... Opposite ... on 10 February, 2025

Author: V. Narasingh

Bench: V. Narasingh

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                            W.P.(C) No.21375 of 2023

             Udayanath Barik                     ....              Petitioner
                                              Mr. U.C Mohanty, Advocate

                                         -versus-

        State of Odisha and                      ....       Opposite Parties
        others
                                                          Mr. S.N. Das, ASC

                         CORAM: JUSTICE V. NARASINGH
                                           ORDER

10.02.2025 Order No.

08. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. Learned counsel Mr. Mohanty undertakes to file a written note of submission and the judgments to be relied on.

3. It is submitted by the learned counsel for the Petitioner referring to the pleadings, that the Petitioner was brought over to the regular establishment as a peon as per order dated 15.01.1999. Hence, it is the submission that the impugned order at Annexure-3, unilaterally cancelling the same, and Annexure-9, treating him to have been brought over to the regular Establishment from the Work charge Establishment with effect from

08.07.2009, the date of issuance of order is ex facie illegal.

4. It is his further submission that notwithstanding his service rendered from 1976, the Petitioner's claim for regularization and consequential service benefits are entitled to be considered with effect from 15.01.1999.

In this context he relies in the judgment of the Apex Court in the case of Jaggo vrs. Union of India and others reported in 2024 SCC Online SC 3826 and Shripal and Another vrs. Nagar Nigam, Ghaziabad reported in 2025 SCC Online SC 221 and also the judgment in the case of Kuntesh Gupta Vrs. Hindu Kanya Mahavidyalaya reported in (1987) 4 SCC 525.

5. List this matter on 18.02.2025 for further hearing, as prayed for.

(V. NARASINGH) Judge Soumya

Signed by: SOUMYA RANJAN SAMAL

Location: High Court of Orissa Date: 11-Feb-2025 19:01:43