Rabinarayan Aich v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C)(OA) No.711 of 2016 Rabinarayan Aich ....

Petitioner -versusState of Odisha & Ors.

....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

24.01.2023 01.

1.This matter is taken up through Hybrid Arrangement Order No (Virtual/Physical) Mode.

2. Heard Mr. M. Pratap, learned counsel for the Petitioner and Mr. M.K. Balabantaray, learned Addl. Govt. Advocate for the StateOpposite Parties.

3. This writ petition has been filed by the Petitioner challenging the order dated 31.03.2016 passed by the Engineer-in-Chief, Rural Works, Odisha, Bhubaneswar-Opposite Party No.3.

4. It is submitted that the Tribunal while issuing notice of the matter passed an interim order by directing to keep in abeyance the said order passed on 31.03.2016 and in view of the said interim order, the Petitioner was allowed to continue as before.

5. It is further submitted that during pendency of the matter, the Petitioner has been brought over to the regular establishment in the meantime.

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6. It is submitted that even though the Petitioner has been brought over to the regular establishment but they have not been released with some financial benefits.

7. Mr. Balabantaray, learned AGA for the State on the other hand submitted that since the order of transfer is under challenge and the Petitioner in the meantime has been regularized in the regular establishment, nothing remains to be decided in this writ petition.

8. Taking into account submissions made by the learned counsel for the Parties, this Court disposes of the writ petition with an observation that if any cause of action still subsists, the Petitioner is at liberty to make appropriate application before appropriate authority.

9. With the aforesaid observations and directions, this Writ Petition is disposed of.

(Biraja Prasanna Satapathy) Judge Sneha