Orissa High Court
) Basuram Puria vs ) State Of Odisha Represented ..... ... on 24 January, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.31713 of 2024
1) Basuram Puria ..... Petitioners
2) Y. Tulasi Anana Represented By Adv. -
3) Ramesh Chandra Parida Mr. Omkar Devdas
4) Suku Khara
5) C.H. Ashriti Suna
6) Rabindra Kuladeep
7) Gurubari Mohakuda
8) Nanda Gauda
9) Jagu Pujari
10) Radha Mottam
11) Kandha Bisoi
12) Nidhi Khilla
13) Raila Harijan
14) Ramachandra Khatei
15) K. Krishna
16) K. Nageswara Reddy
17) Hari Kemudu
18) Dibakara Lenka
19) Abhinash Bagh
20) Dayanidhi Sahu
21) Laxman Panigrahi
22) Bhalu Jani
23) Khilla Prema Nanda
24) Babula Naik
25) K.V.Raju
-versus-
1) State Of Odisha represented ..... Opposite Parties
through its Secretary to
Government of Odisha, Water
Resources Department, Rajiv
Bhawan, Bhubaneswar
2) Engineer-in-Chief, Water Represented By Adv. -
Resources, Odisha Secha Sadan, Mr. M.R Patra, ASC
Bhubaneswar
Page 1 of 4.
3) Chief Engineer & Basin
Manager, Indrabati and Kolab
Basin, Barinipur
4) Secretary to Govt. of Odisha,
Finance Dept.
5) Accountant General (A & E),
Odisha, Bhubaneswar
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
24.01.2025
Order No.
01. 1. This matter is taken up through Hybrid
Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioners 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
Petitioners with the following prayers:-
"It is, therefore, humbly prayed that the
Hon'ble Court may graciously be pleased to
ISSUE RULE NISI calling upon the parties to
show cause and on perusal of the caused shown
shall make the said RULE absolute and be
further pleased to:
(I) Issue a writ of mandamus directing the
regularizing the service of the petitioners
for a day prior to his superannuation
notionally and grant pension in the light of
the decision in case of Narusu Pradhan
Vrs. State of Odisha (O.A.
No.1189(c)/2006, which has been affirmed
vide order dated 19.12.2011 in W.P.(C)
No.5377 of 2010 and SLP (C)
No.22498/2012 and State of Odisha Vrs.
Sarbeswar Bhujbal- OA No.606/2015
which has been affirmed vide order dated
15.11.2019 in W.P.(C) No.7680 of 2019
and Hon'ble Supreme Court in SLP (c)
No.7541 of 2020 which was decided on
21.07.2020 and Chandra Nandi Vrs. State
of Odisha - W.P.(C) No.19950 of 2011
(decided vide judgment/order dated
03.02.2011) which has been affirmed by
the Hon'ble Supreme Court vide Order
dated 06.05.2022 in SLP(c) No.21180 of
2021 and Pitambar Sahoo Vrs State of
Orissa-OA No.4189(c) of 2013 which has
been affirmed in W.P.(C) No.30806 of
2018 and order dated 10.09.2018 in SLP
Diary No.30806 of 2018.
And pass such other writ or order as it
may deem fit and proper in the facts and
circumstances of the case."
4. It is submitted by the learned counsel for the
Petitioners that the Petitioners want to make a fresh
representation before the authority concerned with a
direction from this Court to the authority to consider the
case of the Petitioners within a stipulated period of time.
5. Learned counsel for the State-Opposite Parties
submits that he has no objection if the Petitioners are
permitted to file a fresh representation before the
authority concerned with a direction to the authority
concerned to consider the representation of the Petitioners
in accordance with law within a stipulated period of time.
6. Considering such submission and without
expressing any opinion on the merit of the case, this
Court disposes of the writ petition permitting the
Petitioners to make a fresh representation before the
Opposite Party No.1 within a period of two weeks from
today and in such event the representation filed by the
Petitioners taking therein all the grounds, the Opposite
Party No.1 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. The decision so taken on such
representation shall be communicated to the Petitioners
within two weeks thereafter.
( A.K. Mohapatra)
Judge
Debasis
