Benjamin Das v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P. (C). No.2219 of 2010 Benjamin Das ....

Petitioner Mr. S.K.Das, Advocate -versusState of Orissa & another ....

Opp. Parties Mr. A.P.Das, ASC

CORAM:

THE CHIEF JUSTICE JUSTICE R.K.PATTANAIK Order No.

ORDER

23.03.2022 6.

1. The challenge in this petition is to an order dated 4th September, 2009 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack (OAT) in O.A. No. 1864 (C) of 2009 whereby the prayer for of the Petitioner, who was an ad hoc Drug Inspector, seeking to be regularly appointed and questioning his discharged after serving the Government for 13 years, was not entertained. However, in the operative portion the OAT directed that whenever any vacancies are available in the regular post of Drug Inspector, till such time it is filled up by regularly qualified person, the Opposite Parties may engage qualified persons, including the Petitioner, on purely temporary basis.

2. That arrangement was continued by this Court by an interim order dated 12th August, 2010. In terms of an affidavit handed over today by the Petitioner, it appears that

on the strength of the said interim order the Petitioner continued as an ad hoc Drug Inspector till 12th June, 2021. Thereafter he was not continued.

3. Having heard learned counsel for the parties, the Court is of the view that no error has been committed by the OAT in passing the impugned order. It calls for no interference. The writ petition is dismissed and the interim order stands vacated.

(Dr. S. Muralidhar) Chief Justice ( R.K.Pattanaik) Judge Kabita