Pravat Kumar Pattnaik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No. 27209 of 2020 Pravat Kumar Patttnaik .....

Petitioner Mr. P.K. Mohapatra, Advocate Vs.

State of Odisha and others .....

Opposite Parties Mr. A.K. Mishra, AGA

CORAM:

DR. JUSTICE B.R. SARANGI MR. JUSTICE SANJAY KUMAR MISHRA

ORDER

19.07.2022 Order No.

06.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned Addl. Government Advocate.

3.

This Writ Petition has been filed by the petitioner challenging the order dated 27.02.2017 passed by the Odisha Administrative Tribunal, Bhubaneswar in O.A. No. 270 of 2017 directing the opposite parties to consider the representation of the petitioner within a period of two months from the date of receipt of the order. 4.

Pursuant to the Board of Revenue letter dated 22.04.1993, the petitioner was engaged as Amin Grade-III in Job Contract establishment under the Deputy Director of Consolidation w.e.f. 07.05.1993 with usual D.A. and fixed pay scale as admissible to the regular employees. As per the instruction dated 12.09.2013 of the Government in Revenue and Disaster Management, the Job Contract employees should have been absorbed in regular establishment in view of the direction given by this Court in terms of the scheme as well as the instruction of the Revenue Department dated 31.10.1998, who were in service as on 30.09.1994. Accordingly, a similarly

situated person namely Puspanjali Gouda, who was junior to the present petitioner before her retirement absorbed in the post. Even though the petitioner is going to be retired w.e.f. 30.06.2017, no such direction was given by the Tribunal for his absorption, therefore, the present Writ Petition has been filed. The aforesaid facts are not disputed.

5.

Considering the fact that the petitioner is going to be retired w.e.f. 30.06.2017, this Court while modifying the impugned order directs opposite party no.1 to pass necessary orders on production of certified copy of this order.

6.

The Writ Petition is accordingly disposed of. Arun/Banita (DR. B.R. SARANGI) JUDGE (S.K. MISHRA) JUDGE