Antaryami Dalei v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.14195 of 2022 Antaryami Dalei ....

Petitioner Mr.Bijaya Kumar Parida-2, Advocate -versusState of Odisha and others ....

Opposite Parties Mr.Y.S.P.Babu, A.G.A.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

13.07.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioner as well as learned Additional Government Advocate.

3.

The present writ application has been filed by the Petitioner to regularize the service of the Petitioner.

4.

It is submitted by the learned counsel for the Petitioner that the Petitioner has been initially engaged as Khallasi under NMR basis in the year 1992 and working since last 32 years. Thereafter he was brought over to the work charged establishment since 2009. Thereafter he was working under regular establishment. It is further submitted by the learned counsel for the Petitioner that in spite of working under regular establishment since 2009 the service of the Petitioner was not regularized. Therefore, the writ application has been filed for a direction to the Opposite Parties to consider the case of the Petitioner for regularization expeditiously. 5.

Learned Additional Government Advocate on the other hand submits that the Petitioner has approached this Court directly without

// 2 // approaching the departmental authority. He further submits that he has no objection if the case of the Petitioner for regularization is considered by the departmental authority following the law laid down in the matter of regularization within a stipulated period of time. 6.

Considering the aforesaid submissions, this Court disposes of the writ application at the stage of admission with a direction to file a fresh representation before the Opposite Party no.3-Superintending Engineer, PH Division, Odisha within a period of two weeks from today along with certified copy of this order. While considering the case of the Petitioner, the Opposite Party No.3 shall consider as to whether the Petitioner is covered under Circular dated 15.05.1997. It is open for the Petitioner to file any other additional documents in support of his claim. In the event such a representation is filed the same shall be considered in accordance with law and shall dispose of the matter within a period of three months from the date of filing of representation and the decision so taken be communicated to the Petitioner within two weeks.

7.

With the aforesaid observation, the writ application stands disposed of.

8.

Issue urgent certified copy as per Rules.

RKS ( A.K. Mohapatra ) Judge