Yosobanta Narayan Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC) No.1959 of 2016 Yosabanta Narayan Behera ....

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

Opposite Parties Mr. M.K. Khuntia, AGA

CORAM:

JUSTICE M.S. RAMAN Order No.

ORDER

08.08.2022 01.

1.

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

The Original Application No.1959(C) of 2016 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.1959 of 2016. 3.

The grievance of the Petitioner is that though he was qualified to be appointed as Junior Clerk under Odisha Civil Service (Rehabilitation Assistance) Rules, 1990 (in short, "OCS (RA) Rule, 1990"), he was offered the post of 'Office Peon' in Group-D.

4.

None appears for the Petitioner at the time of call. 5.

Mr. M. K. Khuntia, learned Addl. Govt. Advocate submits that the Petitioner has accepted the post offered to him and joined as Peon in Group-D under the OCS (RA) Rules, 1990 in the Office of Divisional Forest Officer, Subarnapur Forest Division. He also submits that under Rule-7 of the OCS (RA) Rules, 1990, once an

// 2 // employee accepts the post, his claim for higher post cannot be entertained.

6.

In view of the above submission, the writ petition does not deserve consideration on merit.

7.

Hence, the writ petition is dismissed.

(M.S. Raman) Judge Aks