Orissa High Court
Ajaya Kumar Sahoo vs State Of Odisha & Another .... Opp. ... on 3 January, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
RVWPET No.89 of 2024
Ajaya Kumar Sahoo .... Petitioner
Mr.Amitav
Tripathy
(Amicus Curiae)
-versus-
State of Odisha & another .... Opp. Parties
Mr. U.R. Jena,
AGA and Mr.
Surya Narayan
Patnaik,
Advocate for
OSSC.
CORAM:
JUSTICE SIBO SANKAR MISHRA
Order ORDER
No. 03.01.2025
08. 1. This matter was taken up for hearing on
12.11.2024 and the following order was passed:
"1. Mr. Tripathy, learned Amicus Curiae appearing for the
petitioner hands up a bunch of documents to this Court, on the
basis of which he could successfully demonstrate that the
petitioner had been continuing as a Junior Typist up till
30.09.2022. Series of documents have been relied upon to
substantiate the same. Mr. Tripathy, learned counsel pointed out
that the findings recorded by the learned Single Judge in the
impugned order, which reveals that the learned Single Judge
has non-suited the petitioner on the ground that the petitioner
was not in employment after 30.04.1999. Relevant paragraph of
the finding recorded by the learned Single Judge in the
impugned order dated 11.10.2022 is reproduced for ready
reference:
"On 30.04.1999, the tribunal extended the interim order
until further orders. By the time such order was passed,
Page 1 of 3
the petitioner was no more in service since there was
no post available and no funds were there to allow the
petitioner to continue in service. Therefore, the order of
the tribunal cannot be implemented. As a consequence
thereof the Secretary, Odisha Staff Selection
Commission vide order dated 29.09.2022 engaged the
petitioner as Junior Grade Typist in the Commission in
Level-4, Cell No.1 Rs.19,900/- with usual D.A. as
admissible for a period of 44 days with effect from
05.08.2022 to 17.09.2022. Since the petitioner was
engaged on spell basis, on the basis of the availability
of post and availability of fund, this Court is not
inclined to accede the prayer made in this I.A. to direct
the opposite parties to allow the petitioner for
continuous service as claimed by the petitioner."
2. Learned counsel for the State submits that since the
documents are filed today, he would seek instruction in this
regard and ascertain as to whether the petitioner had indeed
continued in the service beyond 30.04.1999 or not.
3. Issue notice.
4. Mr. Kumar, learned Additional Standing Counsel appearing
for the opposite party No.1-State waives the notice.
5. Issue notice to the opposite party No.2 by Registered Post
with A.D./Speed Post with A.D. making it returnable within two
weeks. Requisites shall be filed by tomorrow.
6. List this matter on 05.12.2024."
2. Pursuant to the aforementioned order, the
contesting opposite party has filed the reply dated
05.12.2024
, inter alia, contending as under:
"2. That in compliance of the Order No.6 dated
12.11.2024 passed by the Hon'ble High Court in
RVWPET No.89 of 2024, it is submitted here that Sri
Ajaya Kumar Sahoo had continued in service
beyond 30.04.1999 till 30.09.2022 on Ad hoc basis
(on 44 days spell basis by giving one day break in
between two spells) in this Commission as Junior
Grade Typist.
3. He was disengaged from duty w.e.f.
30.09.2022 A.N. vide Office Order No.1229
(C)/OSSC dt. 30.09.2022 on appointment and
joining of two newly recruited Junior Stenographers
in the Commission."
3. Accordingly, it is admitted by the contesting
opposite party that the learned Single Judge of this
Court in paragraph-2 of the impugned judgment
dated 11.10.2022 has recorded the fact, which is
apparently contrary to the record.
4. In view of the same, the apparent error crept on
the record needs to be modified/corrected.
5. Accordingly, the RVWPET is allowed. The office is
directed to set the writ petition for hearing afresh on
its merit before the assigned Bench subject to
approval of the Hon'ble Chief Justice.
(S.S. Mishra)
Judge
Subhasis
Designation: Personal Assistant
Location: High Court of Orissa, Cuttack.
Date: 03-Jan-2025 18:57:35
