Orissa High Court
Biswajit Routray vs State Of Odisha And Others ..... ... on 10 February, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.32563 of 2024
Biswajit Routray ..... Petitioner
Represented By Adv. -
Mr. Subash Chandra Rath
-versus-
State Of Odisha and others ..... Opposite Parties
Represented By Adv. -
Mr. M.R. Mohanty, AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
10.02.2025
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 counsel for the State-Opposite Parties. Perused
the writ petition as well as the documents annexed
thereto.
3. The present writ petition has been filed by the
Petitioner with the following prayers:-
"It is therefore humbly prayed that this
Hon'ble Court would be graciously pleased
to issue Rule Nisi by calling upon the Opp.
Parties to show cause as to why the service of
the petitioner in the post of IFW shall not be
regularized w.e.f. the date he completed six
years of service with all consequential
service and financial benefits ;
And if the Opp. Parties fail to show
cause or show insufficient cause the said Rule
may be made absolute and direct the Opp.
Parties to regularize the service of the
petitioner w.e.f. the date he completed six
years of service with all consequential
service and financial benefits ;
And further be pleased to pass any
other order/orders as would be deemed fit
and proper."
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 counsel for the State-Opposite Parties
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 and within a stipulated period of
time.
6. Considering such submission and without
expressing any opinion on the merits of the case, this
Court disposes of the writ petition by 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 a representation is filed by the
Petitioner taking therein all the grounds along with the
judgments relied upon by the Petitioner, as well as
documents relied upon in support of his contention, the
Opposite Party No.3 shall do well to consider and dispose
of the same by passing a speaking and reasoned order
within a period of two months from the date of filing of
such representation. While considering the representation
of the Petitioner, the Opposite Party No.3 shall also take
into consideration the judgment of the coordinate Bench
of this Court in Prabira Kumar Pattanaik & Others v.
State of Orissa & Others (decided on 13.12.2023 in WPC
(OAC) No.4832 of 2016 and batch of other similar
matters) as well as judgments of the Hon'ble Supreme
Court in Shripal and Anr. V. Nagar Nigam, Gaziabad
(decided on 31st January, 2025 in Civil Appeal Nos.8158-
8179 of 2024) and in Jaggo v. Union of India & others,
reported in 2024 SCC Online SC 3826. The decision so
taken on such representation shall be communicated to
the Petitioner within a period of ten days thereafter.
Further, it is directed that till a decision is taken on the
representation of the Petitioner or for a period of three
months, the Petitioner shall not be disengaged from
service.
7. Accordingly, the writ petition stands disposed of.
Digitally Signed Judge
Signed by: DEBASIS AECH Debasis
Reason: Authentication
Location: ORISSA HIGH COURT
Date: 12-Feb-2025 11:54:03
