Dillip Kumar Bahalia vs State Of Odisha & Others .... Opposite ...
2025 Latest Caselaw 2829 Ori

Orissa High Court

Dillip Kumar Bahalia vs State Of Odisha & Others .... Opposite ... on 21 January, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                         W.P.(C) No.13062 of 2023

        Dillip Kumar Bahalia              ....                         Petitioner
                                                     Mr. S.S. Pratap, Advocate


                                       -versus-

        State of Odisha & Others          ....              Opposite Parties
                                                         Mr. P.K. Panda, ASC


                              CORAM:
                 JUSTICE BIRAJA PRASANNA SATAPATHY
                                         ORDER

21.01.2025 Order No.

05. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel appearing for the Parties.

3. Learned Addl. Standing Counsel for the State contended that vide order dtd.20.07.2012 so issued under Annexure-6, services of the Petitioner was approved as against the 3rd post of Peon and the person holding the 1st post of Peon was adjusted against the post of Duftery. But subsequently when it came to the knowledge of the Department that taking into account the roll strength of the School at that point of time, 4th post of peon was not admissible, and Petitioner has been wrongly adjusted as against the 3rd post of Peon with due adjustment of the Peon holding the 1st post as against the post of Duftery, the order passed on 20.07.2012 under Annexure-6, was recalled vide the impugned order dtd.15.02.2016 under Annexure-9. The said order when was challenged, stands // 2 //

confirmed by the Tribunal vide the impugned judgment dtd.13.02.2023 under Annexure-1 in Appeal No.11 of 2016.

4. Learned counsel for the Petitioner on the other hand contended that at the relevant point of time the roll strength of the School was more than 100.

5. It is also contended that even though adjustment of the Petitioner as against the 3rd post of Peon was cancelled vide the impugned order dtd.15.02.2016 so confirmed by the Tribunal under Annexure-1, but the person who was adjusted as against the post of Duftery was not reverted to the post of 1st Peon.

6. Considering the rival submission, this Court while directing the State Counsel to produce the instruction as to whether the Peon adjusted as against the post of Duftery was also reverted on the face of the order passed in the case of the Petitioner under Annexure-6. This Court also direct learned counsel for the Petitioner to provide instruction that the roll strength of the School was more than 100, at the relevant time, when order dtd.20.07.2012 was passed.

7. As requested by the learned counsel appearing for the Parties, list this matter in the week commencing 24th February, 2025.

(Biraja Prasanna Satapathy)

Subrat

Location: HIGH COURT OF ORISSA, CUTTACK Date: 24-Jan-2025 15:45:04