Orissa High Court
Benudhar Bal vs State Of Odisha And Others ..... ... on 28 January, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.1419 of 2025
Benudhar Bal ..... Petitioner
Represented By Adv. -
Banshidhar Satapathy
-versus-
State Of Odisha and others ..... Opposite Parties
Smt. Sasmita Nayak,
ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
28.01.2025
Order No.
01. 1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner as well as learned
Additional Standing Counsel appearing for the State-Opposite
Parties. Perused the writ petition as well as the documents annexed
thereto.
3. The present writ application has been filed by the petitioner
with the following prayer:-
"In the facts and circumstances of the case, the
humble petitioner fervently prays that this Hon'ble
Court may be graciously pleased to issue notice to
the Opp. Parties and after hearing the counsel of the
parties issue a writ in the nature of mandamus or
any other appropriate writ commanding Opp. Party
No.1 to regularize the service of the petitioner in the
wages establishment and release his pension and
pensionary benefits in terms of decision rendered in
the case of Narusu Pradhan -V- State of Orissa
(O.A. No.1189(C) of 2006 confirmed by this Hon'ble
Court on 11.06.2009 and in terms of decision render
in the case of Sarat Chandra Mishra -V-State of
Odisha & Others (W.P.(C) No.1333 of 2022) within
a stipulated period;
And/or pass such other order or direction as deems
fit and proper in the interest of justice;"
4. It is stated by learned counsel for the Petitioner that earlier the
Petitioner had approached the Odisha Administrative Tribunal with a
prayer for a direction to the Opposite Parties to regularize his service
upon completion of five years of service w.e.f. 17.06.1983 and to
give all consequential benefits of regular establishment at par with
other similarly situated persons including the pensionary benefits,
within a stipulated period of time. On abolition of the Odisha
Administrative Tribunal, the O.A. application was transferred to this
Court and the same was registered as W.P.C.(OAC) No.1713 of
2009. A Coordinate Bench vide order dated 20.01.2022, disposed of
the said writ application with a direction to the Opposite Party No.1
to consider the representation of the Petitioner under Annexure-6
within a period of three months from the date of production of a
certified copy of order dated 28.01.2022. Learned counsel for the
Petitioner at this juncture submitted that although the Petitioner has
submitted a representation on 18.03.2022 under Annexure-7 to the
writ petition, however, no decision has been taken by the Opposite
Party No.1 as of now. Being aggrieved by such inaction, the
Petitioner has again approached this Court by filing the present writ
application.
5. Learned Additional Standing Counsel on the other hand
contended that he has no instruction in the matter. She further
contended that since the order in the earlier writ application was
passed in the year 2022, the Opposite Parties must have taken a
decision in the meantime. Therefore, the present writ application,
which is subsequent to the earlier writ application, is not
maintainable.
6. Having heard the learned counsels appearing for the respective
parties, on a careful consideration of the submissions made, further
keeping in view the aforesaid facts and circumstances, this Court
deems it proper to dispose of the writ application at the stage of
admission by directing the Opposite Party No.1 to take a decision on
the representation of the Petitioner dated 18.03.2022 under
Annexure-7 to the writ petition, if the same is still pending for
consideration. The representation of the Petitioner under Annexure-7
to the writ petition, if not already disposed of, shall be disposed of by
passing a speaking and reasoned order within a period of six weeks
from the date of communication of the certified copy of this order.
Any decision so taken be communicated to the Petitioner within two
weeks thereafter. It is open to the Petitioner to approach the Opposite
Parties along with a certified copy of today's order along with any
judgments including the judgment of this Court in Sarat Chandra
Misha v. State of Odisha and others bearing W.P.(C) No.1333 of
2022 vide order dated 30th May, 2024, relied upon by the Petitioner
in support of his contention and in such eventuality the Opposite
Party No.1 shall take into consideration the judgments which are
likely to be cited by the Petitioner in support of this contention.
7. With the aforesaid observations/ directions the writ petition
stands disposed of.
Issue urgent certified copy of this order as per Rules.
Digitally Signed Judge
S.K. Rout Signed by: SANTANU KUMAR ROUT
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 29-Jan-2025 18:43:12
