Rama Prasad Dash v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC) No.2100 of 2018 Rama Prasad Dash ....

Petitioner None -versusState of Odisha & Others ....

Opposite Parties Mr. L. Samantaray, AGA

CORAM:

JUSTICE M.S. RAMAN Order No.

ORDER

21.09.2022 01.

1.

This matter is taken up by virtual/physical mode. 2.

The Original Application No.2100 (C) of 2018 was filed before the Odisha Administrative Tribunal, Cuttack Bench, Cuttack. After its abolition, the same has been transferred to this Court which is renumbered as WPC(OAC) No.2100 of 2018. 3.

The Petitioner being sponsored by the Committee of Chief Engineers and Engineer-in-chief (Civil), Odisha, Panchayatiraj Department in letter No. 44263 dated 9th November, 2005, was placed as Junior Engineer on contract basis in Phiringia block under National Food for Work Programme Scheme by the Project Director, District Rural Development Authority, Kandhamal vide order No. 6228 dated 02.12.2005.

4.

The Petitioner craves for following relief:- "i.

Admit the Original Application, issue notice to the respondents and call for the records;

ii.

Issue necessary directions to the respondents, more particularly to the respondent No. 3 direct the respondent No. 3 to take a decision on the representation of the

// 2 // applicant within a stipulated time with regard to consideration of his case for regularization of his service and awarding him promotion at par with his juniors/collegues/counterparts as per orders of the Hon'ble Tribunal vide Annexure-7 given effect to at Annexure-6 within a stipulated time with all pecuniary benefits that this Hon'ble Tribunal deems just and proper in the facts and circumstances of the case;

iii.

Any other orders or directions that would be deemed fit and proper in the interest of justice be issued." 5.

Mr. L. Samantaray, learned Addl. Govt. Advocate submitted that the Petitioner has not yet been regularized. From the prayer, it transpires that the Petitioner claims for regularization and also promotion for which he had furnished a representation at Annexure-8.

Mr. Samantaray, learned Addl. Govt. Advocate submitted that by efflux of time, the matter has been rendered infructuous and also submitted that though this matter was listed before the Odisha Administrative Tribunal for couple of dates, none appeared for the Petitioner which shows that the Petitioner is not interested to pursue the matter.

6.

In view of such submission, the writ petition is disposed of as infructuous reserving liberty to the Petitioner to revive the writ petition within a period of 30 days, if cause of action still subsists. (M.S. Raman) Judge Aks