Damodar Mishra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.28025 of 2022 Damodar Mishra ....

Petitioner Mr. Aditya Narayan Das, Advocate -versusState of Odisha and others ....

Opposite Parties Mr.T.K.Patnaik, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

14.11.2022 01.

1.

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

2.

Heard learned counsel for the Petitioner and the learned Additional Standing Counsel.

3.

The present writ application has been filed with the following prayer :

"It is therefore prayed that this Hon'ble Court may graciously be pleased to admit the writ petition and issue Rule Nisi to the Opp.Parties to show cause as to i) Why the impugned order dated 12.10.2022 passed by the O.P.No.6 under Annexure-9 in the facts and circumstances of the case will not be declared as illegal and as such liable to be set aside.

ii) Why the Opposite Parties will not be directed to regularize the services of the Petitioner within a stipulated time; and iii) Why the Opposite Parties will not be directed to sanction pension and other pensionary benefits as due and admissible in favour of the Petitioner on such regularization of his service within a stipulated time, and And if the Opp.Parties do not show cause then the Rule be made absolute by issuing appropriate writ/writs and may

// 2 // other order as deem fit be passed."

4.

It is submitted by learned counsel for the Petitioner that similar issue has been decided by this Court vide order dated 29.09.2022 in W.P.(C) No.21449 of 2022.

5.

Mr.Patnaik, learned A.S.C. was also provided with the copy of the said order and he also submitted that the issue involved in the present case is covered by the said decision. 6.

In view of that this Court while quashing the impugned order dated 12.10.2022 directs the Opp.Parties to act in terms of the order passed by this Court on 29.09.2022 in W.P.(C) No.21449 of 2022. The Petitioner is directed to provide copy of this order along with the order passed in W.P.(C) No.21449 of 2022 before the O.P.No.1 for doing the needful in the matter within a period of three months from the date of receipt of this order.

7.

The writ petition is disposed of with the aforesaid observation and direction.

8.

Issue urgent certified copy of this order as per Rules. RKS ( A.K. Mohapatra ) Judge