Kishore Muduli v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OA) No. 844 of 2018 Kishore Muduli .....

Petitioner Mr. N. Rath, Advocate Vs.

State of Odisha and others .....

Opposite Parties Mr. S.N. Nayak, ASC

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

15.09.2022 Order No.

01.

This matter is taken up through Hybrid Mode.

2.

Heard.

3.

The present writ Petition has been filed by the Petitioner challenging the order of termination dtd. 23.07.2016 vide Annexure-4 passed by the O.P. No.1.

4.

It is submitted that the Petitioner was appointed as a contractual VAW in Old Chimitapalli G.P. of Korukonda Block under DAO, Malkangiri on 24.05.2011. It is submitted that the Petitioner though submitted a detailed explanation, but without considering the same the order of termination was passed on 23.07.2016 under Annexure-4. 5.

Learned counsel for the Petitioner submitted that since the Petitioner was appointed on contractual basis and allowed to continue as such, Odisha Group-C & Group-D post (Contractual Appointment) Rules, 2013 is applicable to his case. As provided under Rule 9(6) of the said Rules, the provision of OCS (CCA) Rules, 1962 is applicable to such contractual employees.

6.

It is submitted that without following the same and without taking any action as provided under the aforesaid OCS (CCA) Rules, 1962, the Petitioner was straight away terminated vide order dtd. 23.07.2016 under Annexure-4. Accordingly it is prayed that the said order having been passed in violation of the relevant Rules, the same is liable to be quashed

by this Court.

7.

Heard learned counsel for the Parties. After going through the recruitment Rule i.e. Odisha Group-C & Group-D post (Contractual Appointment) Rules, 2013, this Court finds that in respect of contractual employees the provision of OCS (CCA) Rules, 1962 is applicable as per Rule 9(6) of the said Rules.

8.

Since prior to passing of the impugned order, the said provisions has not been complied with, this Court while quashing the impugned order dtd. 23.07.2016 under Annexure-4, directs the O.P. No. 1 to reinstate the Petitioner within a period of 15 days from the date of receipt of this order. However, it is observed that O.P. No. 1 is at liberty to initiate necessary proceeding in terms of the provisions contained under OCS (CCA) Rules, 1962 against the Petitioner and proceed in accordance to law.

9.

The writ Petition is disposed of accordingly. Ashok (DR. B.R. SARANGI) JUDGE