← Library
Orissa High CourtWPC(OA)/629/2016disposed off

Arakhita Das v. State Of Odisha

2022-07-21Mr. Justice Biraja Prasanna Satapathy3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC) Nos.626, 627, 628, 629, 630, 631, 632, 650, 651, 652, 669, 695, 698, 709, 710, 713, 714, 715, 737, 742, 777, 778, 782, 783,784, 785, 786, 787, 788, 789, 790, 819, 823 & 1128 of 2016 In the matter of an application under Section 19 of the Administrative Tribunal Act, 1985.

..................

WPC(OA) No.695 of 2016 Bhagaban Nanda ....

Petitioner -versusState of Odisha & Others ....

Opposite Parties For Petitioner :

M/s.M.Pratap, A.K.Mohanty & S.Dash.

For Opp. Parties :

Standing Counsel Mr. M.K.Balabantaray.

PRESENT:

THE HONBLE JUSTICE BIRAJA PRASANNA SATAPATHY ----------------------------------------------------------------------------- Date of Hearing:22.07.2022 and Date of Order: 26.08.2022 ----------------------------------------------------------------------------- Biraja Prasanna Satapathy, J.

1.

This matter is taken up through Hybrid Mode.

2.

Since common question is involved in all the aforesaid Writ Petitions, all are heard analogously and disposed of by this common order.

// 2 // 3.

Heard Mr. M. Pratap, learned counsel for the Petitioners and Mr. M.K. Balabantaray, learned Standing Counsel for the State-Opposite Parties.

3.

All these Writ Petitions have been filed by the Petitioners challenging the order dated 31.03.2016 passed by the Engineer-in-Chief, Rural Works, Odisha, Bhubaneswar-Opposite Party No.4.

4.

It is submitted that the learned 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 Petitioners were allowed to continue as before.

5.

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

6.

It is submitted that even though the Petitioners have been brought over to the regular establishment but they have not been released with some financial benefits. 7.

Mr. Balabantaray, learned Standing Counsel for the State on the other hand submitted that since the order of transfer is under challenge and the Petitioners in the meantime have been regularized in the regular establishment, nothing remains to be decided in these writ petitions.

8.

Taking into account submissions made by the learned counsel for the Parties, this Court disposes of all these writ petitions with an observation that if any cause of action still

// 3 // subsists, the Petitioners are at liberty to make appropriate application before appropriate authority.

9.

With the aforesaid observations and directions, all these Writ Petitions are disposed of.

10. Xerox copy of the orders be placed in all the connected matters.

(Biraja Prasanna Satapathy) Judge Orissa High Court, Cuttack Dated the 26th of August, 2022/Subrat