Orissa High Court
Susil Kumar Tandi vs State Of Odisha on 19 June, 2025
ORISSA HIGH COURT : CUTTACK
WA No.136 of 2025
In the matter of an Appeal under Article 4 of
the Odisha High Court Order, 1948
read with
Clause 10 of the Letters Patent constituting
the High Court of Judicature at Patna
and
Rule 6 of Chapter-III and Rule 2 of Chapter-VIII
of the Rules of the High Court of Odisha, 1948
***
Susil Kumar Tandi,
Aged about 50 years
Son of Late Chhinu Tandi,
At: Thikadarpara,
P.O.: & District: Bolangir,
Working as Contractual Driver,
Office of the Regional Transport
Officer, Bolangir,
District: Bolangir. ... Appellant
-VERSUS-
1. State of Odisha
Represented through
The Principal Secretary to Government
Commerce and Transport
(Transport) Department
Odisha, Bhubaneswar.
2. Principal Secretary to Government
Finance Department, Odisha
Bhubaneswar
District: Khordha.
WA No.136 of 2025 Page 1 of 5
3. Transport Commissioner-cum-Chairman
State Transport Authority, Odisha
Cuttack.
4. Regional Transport Officer,
Bolangir,
At/P.O.: Bolangir,
District: Bolangir. ... Respondents.
Counsel appeared for the parties:
For the Appellant : M/s. Prasanta Kumar Mishra,
K.L. Kar and
S. Mishra, Advocates
For the Respondent Mr. Saswat Das,
Nos.1 & 2 : Additional Government Advocate
For the Respondent Mr. Pravakar Behera,
Nos.3 & 4 : Standing Counsel
for Transport Department
P R E S E N T:
HONOURABLE CHIEF JUSTICE
MR. HARISH TANDON
AND
HONOURABLE JUSTICE
MR. MURAHARI SRI RAMAN
Date of Hearing : 12.05.2025 :: Date of Judgment :19.06.2025
O R D E R
MURAHARI SRI RAMAN, J.--
This intra-Court appeal is directed against the
Judgement dated 17.12.2024 rendered by a learned
Single Bench in petition, bearing W.P.(C) No.2241 of
2020, under Article 226/227 of the Constitution of India
with the following prayer(s):
"It is prayed, therefore, that this Hon'ble Court may
graciously be pleased to
(i) Admit and allow the Writ Appeal,
(ii) Issue notice to Respondents and after hearing be
pleased to set aside the Judgment dated 17.12.2024
under Annexure-1 passed by the Hon'ble Single
Judge in W.P.(C) No.2241 of 2020 and:
(iii) Further be pleased to allow the W.P.(C) No.2241 of
2020 by granting the relief(s) prayed therein 1 in
favour of the Appellant-Petitioner with direction upon
Respondents to regularize his service as Driver
under regular establishment with all consequential
service and financial benefits with effect from the
date of completion of six years of service i.e.
1 The relief(s) sought for in the writ petition reads as follows:
"It is prayed therefore that this Hon'ble Court may graciously be pleased to:
(i) Issue RULE NISI calling upon the opposite parties to show cause as to
why the impugned orders vide No.658/TC dated 14.01.2020 at Annexure-
1, vide No.159 dated 14.01.2020 at Annexure-14 shall not be quashed
and the service of the Petitioner shall not be regularized as Driver under
regular establishment with effect from the date of completion of six years
of service as contractual Driver with all consequential service and
financial benefits;
(ii) And if the Opposite Parties fail to show cause or show insufficient cause,
the rule may be made absolute against Opposite Parties and a writ of
mandamus may be issued to the Opposite Parties and be pleased to
quash the impugned orders vide No.658/TC dated 14.01.2020 at
Annexure-1, vide No.159 dated 14.01.2020 at Annexure-14 with a
direction to Opp. Parties to regularize the service of Petitioner as Driver
under regular establishment with effect from the date of completion of six
years of service as contractual Driver with all consequential service and
financial benefits within a time to be stipulated by this Hon'ble Court;
(iii) Pass such other order (s), direction(s) as deem fit and proper to the facts
and circumstances of the case to give complete relief to the petitioner;
And for this act of kindness, the petitioner as in duty bound shall ever pray."
20.10.2015 as Contractual Driver within a
stipulated period of time and;
(iv) Further be pleased to direct the Respondent Nos.3
and 4 to release the un-paid remuneration from
January, 2020 in favour of the Appellant within a
stipulated period of time.
(v) And further be pleased to pass such other order (s),
direction(s) as deem fit and proper to the facts and
circumstances of the case to give complete relief to
the Appellant;
And for this act of kindness, the Appellant as in duty
bound shall ever pray."
2. This matter was taken up for analogous hearing with
W.A. No.119 of 2025 on 12.05.2025. On conclusion of
arguments in the said case, the learned counsel for the
Appellant herein submitted that instant writ appeal has
been filed seeking identical relief. Being similarly
situated, the Appellant herein would abide by the
decision rendered in said W.A. No.119 of 2025.
3. To this, Sri Saswat Das, learned Additional Government
Advocate appearing for Respondent Nos.1 & 2 and Sri
Pravakar Behera, learned Standing Counsel appearing
for Respondent Nos.3 & 4 raised no objection.
4. In view of such conceded position, this writ appeal
stands disposed of in the same terms contained in the
Judgment passed today (19.06.2025) in W.A. No.119 of
2025.
I agree.
(HARISH TANDON) (MURAHARI SRI RAMAN)
CHIEF JUSTICE JUDGE
High Court of Orissa, Cuttack
The 19th June, 2025//Aswini/MRS
Signature Not
Verified
Digitally Signed
Signed by: ASWINI KUMAR
SETHY
Designation: Personal Assistant
(Secretary-in-Charge)
Reason: Authentication
Location: ORISSA HIGH COURT,
CUTTACK
Date: 19-Jun-2025 17:26:43
