Banambar Das v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.9125 of 2022 Banambar Das ....

Petitioner Mr. Abhilash Mishra, Adv.

-versusState of Orissa and Ors.

....

Opposite Parties Ms. Suman Pattanayak, AGA

CORAM:

MR. JUSTICE S.K. PANIGRAHI

ORDER

27.04.2022 Order No.

01.

1. This matter is taken up through hybrid arrangement.

2. Heard.

3. In this writ petition, the petitioner challenges the action of the opposite parties in not considering his case for regular appointment as Junior Lecturer by relaxing the age limit.

4. Learned counsel for the petitioner submits that the petitioner was appointed as Junior Lecture in English and posted to the M.P.C. College, Baripada on ad hoc basis in Class-II OES (Higher Secondary Branch). Later, he was terminated on 19.04.1997. The petitioner approached the Odisha Administrative Tribunal, Bhubaneswar (for short "the Tribunal") by filing O.A. No.1202 of 1997. The Tribunal vide order dated 08.07.1997 directed the State Government to refer the names of those ad hoc appointees to the OPSC who did not apply for the post of Junior Lecturer in response to the advertisement issued by the OPSC. It was also directed that the State Government shall not refer the names of those ad hoc appointees who had applied to the Commission for appointment to the post pursuant to the advertisement issued by it and have been declared unsuitable for appointment. But the name of the petitioner was left out. Learned

// 2 // counsel for the petitioner further submits that the petitioner has put forth his grievance before the opposite party No.1- The Secretary-cum- Commissioner, Department of Higher Education, Government of Odisha, Bhubaneswar seeking regularization of his service as Junior Lecturer appointed on ad hoc basis vide representation under Annexure-4. Such representation is pending before the opposite party No.1 since 05.09.2019.

5. In such view of the matter, the opposite party No.1- The Secretary-cum- Commissioner, Department of Higher Education, Government of Odisha, Bhubaneswar is directed to dispose of the representation of the petitioner under Annexure-4 by passing a reasoned order within a period of three months from the date of production/presentation of a certified copy of this order along with a copy of this writ petition.

6. Accordingly, this writ petition is disposed of.

7. Urgent certified copy of this order be granted on proper application.

( S.K. Panigrahi) Judge BJ