Sanjaya Naik vs State Of Odisha & Others .... ...
2025 Latest Caselaw 2852 Ori

Orissa High Court

Sanjaya Naik vs State Of Odisha & Others .... ... on 22 January, 2025

Author: M.S.Sahoo

Bench: M.S.Sahoo

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No.704 of 2025

                 Sanjaya Naik                    ....         Petitioner

                                         Miss B.K. Pattanaik, Advocate
                                       -versus-

                 State of Odisha & others         ....        Opp.parties
                                                 Mr. S. B. Panda, AGA


                             CORAM:
                            JUSTICE M.S.SAHOO

                                     ORDER

22.01.2025 Hybrid Mode Order No.

01. 1. Heard learned counsel for the petitioner.

She refers to the earlier judgment dated 07.09.2022 passed in WPC(OAC) No.2373 of 2014 and the batch of cases, also disposing of the writ petition filed by the petitioner, i.e., WPC (OAC) No.2373 of 2014 (Bijay Kumar Parida v. State of Odisha and others). Learned counsel refers to the operative portion of the same judgment rendered by the coordinate Bench at paragraph-29 (vii). The said paragraph is reproduced herein:

"29. ... ... ...

(vii) The freshly appointed candidates shall be allowed to count their seniority from the date of appointment of the original appointees if any of them

are found eligible as per the revised select list, in the respective categories in accordance with their position in the merit list, but only notionally."

It is submitted that despite specific direction of this Court, the petitioner has not been given notional seniority though he was given appointment pursuant to the said order, by Government order dated 04.04.2024 (Annexure-5 to the writ petition).

2. The petitioner being aggrieved by not getting notional seniority filed CONTC No.1230 of 2024 which was disposed by order dated 03.05.2024 annexed to the present petition marked as Annexure-6. The learned counsel for the petitioner refers to the paragraph-8 of the said order in the CONTC and the same is reproduced herein:

"8. Having heard learned counsel appearing for the parties and considering the submissions made, this Court while disposing the Contempt Petition observe that if the petitioner in terms of the order passed by this Court has not got the benefit of seniority, even after being provided with the appointment vide order dated 04.04.2024, let him make an appropriate application in that regard before opposite party no.3."

3. It is submitted that despite order of this Court in the writ petition referred above as well as CONTC, the petitioner

is yet to get notional seniority and has approached this Court by filing the writ petition.

4. Issue notice on admission along with this order, indicating that the matter is likely to be disposed of at the stage of admission.

For the present, no notice is issued to opposite party no.7.

5. Learned Additional Government Advocate upon advance copy being served appears on behalf of opposite party nos.1 to 6 and waives notice.

Learned Additional Government Advocate seeks two weeks' time to obtain instruction and file counter.

6. As prayed for, list this matter after two weeks.

Liberty to mention.

(M.S.Sahoo) Judge Gs