Ayash Kanta Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP (C) No. 15 of 2022 Ayash Kanta Naik ....

Petitioner Mr. S.K. Dash, Advocate -Versus - State of Odisha and Ors.

....

Opp. Parties .

Mr. S.N. Nayak, Addl. Standing Counsel

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

04.01.2022 Order No.

This matter is taken up through hybrid mode.

2.

Heard Mr. S.K. Dash, learned counsel for the petitioner and Mr. S.N. Nayak, learned Addl. Standing Counsel for the State opposite parties.

3.

The petitioner, by means of this writ petition, seeks direction to opposite party no.2-Odisha Information Commission to consider the claim for the petitioner for regularization of his services in adopting the principle applied in the case of similarly situated employees upon the direction issued by this Court vide order dated 06.02.2020 passed in WP(C) No. 4914 of 2015 and order dated 15.02.2021 passed in WP(C) No. 26674 of 2020, with consequential service & financial benefits, within a stipulated time. 4.

Learned counsel for the petitioner contends that highlighting the grievances, the petitioner has made

representation to opposite party no.2 vide Annexure-10 to this writ petition. Therefore, in the interest of justice and fair play, in supersession of order dated 23.06.2021 passed in WP(C) No. 13702 of 2021, whereby direction was inadvertently issued to opposite party no.1, instead of opposite party no.2, to consider the representation which was made in the year 2016, the opposite party no.2 may be directed to consideration the representation of the petitioner vide Annexure-10 dated 19.11.2020 within a stipulated time, taking into consideration Annexure-7 and 8, to which learned counsel for the State has no objection.

5.

In view of the above and as agreed to by learned counsel for the parties, this Court, in supersession of order dated 23.06.2021 passed in WP(C) No. 13702 of 2021, directs opposite party no.2 to consider the representation filed by the petitioner vide Annexure-10 dated 19.11.2020 and pass appropriate order with regard to regularization of the petitioner as Assistant Law Officer, in terms of Annexure-7 and 8, pursuant to which similarly situated employees have already been regularized, within a period of three months from the date of production of certified copy this order. 6.

With the above observation and direction, the writ petition stands disposed of.

Issue urgent certified copy as per rules.

(Dr. B.R. Sarangi) Judge Alok