← Library
Orissa High CourtWPC(OAC)/2729/2015disposed off

Govinda Chandra Bhoi v. State Of Odisha

2022-06-30Mr. Justice Biraja Prasanna Satapathy3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC) No.2729 of 2015 Govinda Chandra Bhoi ....

Petitioner -versusState of Odisha & Ors.

.... Opposite Parties COROM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

30.06.2022

01. 1.

This matter is taken up through Hybrid Mode.

Order No 2.

Heard Mr.S D. Routray, learned counsel for the Petitioner and Mr. P. Bharadwaj, learned Standing Counsel for the State-Opposite Parties.

3.

The Petitioner has filed the present Writ Petition with the following prayer:- "(i) Admit the original application.

(ii) Call for the records.

(iii) After hearing the parties be pleased to quash the impugned advertisement dated 21.05.2015 issued by respondent no.3 under Annexure-5 insofar as it relates to the post of Peon is concerned.

(iv) Further the respondents be directed not to disengage the applicant against the post of Peon and he may be allowed to continue against the said post on and further the respondents be directed to take steps to regularize the service of the applicant against the said post considering the fact that the applicant has completed more than six years of service.

3.

It is submitted that pursuant to the advertisement issued by the opp. Party No.4 the Petitioner was selected

// 2 // and appointed as Peon in the establishment of Opposite Party No.4 vide order at Annexure-5.

Subsequently while continuing as such, when an advertisement was issued under Annexure-7 to fill the said post on contractual basis, the Petitioner approached this Court and this Court while issuing notice of the matter and passed the interim order to the following effect:- "So far as the prayer for interim relief is concerned status quo of the applicant as on date be maintained till the next date. Learned Govt. Advocate is directed to file counter or instructions, if any, by that date indicating as to whether any process of regular selection is being contemplated and if that be so whether the present applicant has submitted his candidature and appeared in any such recruitment process".

4.

It is submitted that pursuant to the said order passed by this Court, the Petitioner is continuing as on date.

5.

In view of such admitted position, this Court while disposing the Writ Petition directs the Opposite Party to allow the Petitioner to continue as before. If any step is taken up to fill up the post on regular basis then the Petitioner will be given liberty to make his application and while considering such application, the continuance of the Petitioner for such a petty long period shall be taken into consideration and by giving him age relaxation.

6.

With the aforesaid observations and directions, the Writ Petition stands disposed of.

(Biraja Prasanna Satapathy) Judge

// 3 // Subrat