Pradeep Kumar Dash v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.22916 of 2021 Pradeep Kumar Dash ....

Petitioner Ms. B.K. Pattanaik, Advocate -versusState of Odisha and others ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

28.03.2022 07.

1.

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

2.

Heard learned counsel for the petitioner as well as learned counsel for the State.

3.

The present writ petition has been filed by the petitioner with the following prayer :- (i) To quash the order dated 29.07.2021 under Annexure-4.

(ii) To direct the Opposite Parties to allow the petitioner to continue in Dhenkanal district;

(iii) And/or pass such other order/orders, direction/directions as deem fit and proper.

4.

It is submitted by learned counsel for the petitioner that vide order dated 12.11.2021 this Court has observed as follows: "Cadre concept of Constables was implemented w.e.f. 01.01.1999 vide G.O. No.17. In order to avoid large scale dislocation, Constables transferred to different districts prior to 01.01.1999 will continue

// 2 // in the care of the districts to which they have been transferred to. Constables on transfer to an establishment (non cadre posts) prior to 01.01.1999 will be considered as transfer (on deputation)." 5.

Pursuant to the said order dated 12.11.2021, it is submitted by learned counsel for the petitioner that the petitioner has been restored in his service in the same district cadre. Therefore, the relief sought for has become infructuous. However, learned counsel for the petitioner submits that the service period in different districts, despite the interim order, the petitioner has not been regularized which is covered in the interim order, by the authorities. He further submits that the petitioner shall file a fresh representation highlighting his grievances with a prayer to regularize his service period, which is covered in the interim order passed by this Court.

In the event the petitioner files a representation along with certified copy of this order the authority shall examine the same in the light of the interim order passed by this Court, the service period of the petitioner shall be regularized within a period of two months thereafter in accordance with law. Any decision taken on the representation of the petitioner, shall be communicated to the Petitioner within a period of two weeks thereafter.

8.

With the aforesaid direction, the writ petition stands disposed of.

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

( A.K. Mohapatra ) Judge Jagabandhu

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