Orissa High Court
Ranjan Kumar Swain vs State Of Odisha And Others .... Opposite ... on 15 May, 2025
Author: Murahari Sri Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.21705 of 2019
Ranjan Kumar Swain .... Petitioner
Mr. Sandip Rath, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. Bimbisar Dash, AGA
CORAM:
HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No. ORDER
11. 15.05.2025
I.A. No.3604 of 2025
This matter is taken up through Hybrid Mode.
2. Learned counsel for the Petitioner drawing attention of this
Court to the paragraphs-9, 10, 10.1 and 11 of judgment dated
20.02.2025 passed in W.P.(C) No.21705 of 2019 submitted that this
Court has made the following observation:-
"9. From the aforesaid narrated undisputed facts and
the discussions on the legal perspective, it is manifestly
clear that the Director vide Letter dated 20.09.2019
instructed to disengage the petitioner treating his
appointment as illegal inasmuch as the
recommendation for appointment of the petitioner was
not made by the Selection Committee, which is not
constituted under Rule 10 of the Rules, 2015, as if the
consideration for appointment of the petitioner was
made under the said Rules. This fact is very much
apparent from the stand taken by the counter affidavit,
which this Court has already repelled hitherto.
10. In the wake of above, the Letter No.10640/P,
Bhubaneswar, dated 20.09.2019 issued by the Deputy
Director to Government in Planning and Convergence
Department, Odisha-Opposite Party No.2 (Annexure-
8) cannot be held to be sustained. Hence, the same is
liable to be set aside and this Court does so.
10.1. As a consequence thereof, the order of
disengagement of the petitioner treating his
appointment as irregular and illegal vide Letter
No.1416, dated 27.09.2019 under Annexure-9 issued
by the Deputy Director (P&S), DPMU, Ganjam,
Chhatrapur-Opposite Party No.4 is hereby set aside.
11. Needless to say that the Opposite Parties shall
grant all consequential service and financial benefits
available to the petitioner."
2.1. He further submitted that this Interlocutory Application has
come to be filed in the said writ petition by the Petitioner bringing it
to the notice of this Court that the direction has not yet been
complied with. Though the said judgment has not been challenged
before any Court, the benefit of direction contained in the said
judgment has not yet been extended to the Petitioner.
2.2. He submitted that on 07.03.2025 and 07.04.2025, this
matter was adjourned at the request of the learned Additional
Government Advocate appearing for the State.
3. Today, when the matter was taken up, learned Additional
Government Advocate seeks further accommodation to furnish
steps taken to comply with the direction contained in the aforesaid
judgment.
4. List this matter on 25th June, 2025.
Digitally Signed (M.S. Raman)
Signed by: LAXMIKANT MOHAPATRA
Designation: Senior Stenographer Judge
Reason: Authentication
Laxmikant
Location: High Court of Orissa, Cuttack
Date: 15-May-2025 19:36:25
