Radhakrushna vs State Of Odisha And
2025 Latest Caselaw 6163 Ori

Orissa High Court

Radhakrushna vs State Of Odisha And on 23 June, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

               IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.(C) No.12819 of 2025

         Radhakrushna                      ....                       Petitioner
         Dantakala                                         Mr. S. Routray, Adv.
                                                -versus-
         State of Odisha and
         Others
                                           ....                      Opp. Parties
                                                          Mr. A. Tripathy, AGA

                              CORAM:
                 JUSTICE BIRAJA PRASANNA SATAPATHY

                                       ORDER

Order                                23.06.2025
 No
    1.    1.     This     matter     is    taken          up   through   Hybrid

Arrangement (Virtual/Physical) Mode.

2. Heard.

3. The petitioner has filed this writ petition challenging the inaction of the opposite parties in not regularizing the services of the petitioner who is working as a Cook of Ekalabya Model Residential School, Champanagar, District- Malkangiri.

4. It is the case of the petitioners that he is the non- teaching staff of Ekalabya Model Residential Schools and even though he has completed more than six years on contractual basis, his service against the post, which are created and sanctioned by the Competent authority, // 2 //

i.e. opposite party no.1, has not been regularized. It is further stated that the petitioner being treated as contractual non-teaching staff is getting a very meagre amount towards their remuneration though the petitioners are all qualified against their respective posts.

5. Learned Counsel appearing for the petitioners contended that similar matters were before this Court in W.P.(C) No.20401 of 2017 and W.P.(C) No.20426 of 2017 and both the matters were analogously heard and disposed of by a common judgment dated 29.09.2022 and this case is squarely covered by the ratio laid down in the said judgment.

6. The copy of the judgment was handed to the learned Additional Government Advocate for the State and on perusal of the same, he does not dispute such aspect.

7. Taking into account the observation made by this Court in paragraphs-14, 15 and 16 of the judgment, it is directed that the matter needs to be revisited by the Finance Department keeping in view the peculiar facts and circumstances as narrated in the writ petition. The writ petition, is therefore, disposed of with a direction to the Secretary, Finance Department (opposite party no.3) to consider the proposal of the Administrative

// 3 //

Department afresh in terms of the observations made in the judgment passed in the connected writ petitions disposed of on 29.09.2022. Such exercise shall be completed within a period of two months from the date of communication of this order or on production of certified copy thereof by the petitioners.

Issue urgent certified copy as per rules.

(Biraja Prasanna Satapathy) Judge

Jyoti

Location: HIGH COURT OF ORISSA