Bijay Kumar Panda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OAC) No.4300 of 2011 Bijaya Kumar Panda ....

Petitioner Mr. K. P. Mishra, Advocate -versusState of Odisha & another ....

Opposite Parties Mr. S. Jena, ASC CORAM: JUSTICE S.K. PANIGRAHI

ORDER

21.03.2022 02.

1. The matter is taken up through hybrid mode. Order No.

2. The petitioner filed an original application before the State Administrative Tribunal, Odisha, Cuttack Bench, Cuttack assailing the advertisement inviting applications from the eligible candidates for the post of Junior Radiographer on contractual basis. Later, the said original application has been transferred to this Court.

3. The grievance of the petitioner is that since he was appointed as Junior Radiographer on contractual basis since 27.06.2005, his post may be regularized in terms of Government Circular dated 13.01.2009.

4. Learned counsel for the State submits that the allegation made in the O.A. is not tenable for the reason that though the applicantpetitioner has rendered more than six years uninterrupted service as Radiographer on a contractual basis, his regularization cannot be considered due to non-available of the post under the unreserved category.

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5. In view of such fact and the detailed counter affidavit made by the State, it is reflected that there is no vacant post belonging to unreserved category and hence, his prayer cannot be exceeded to.

6. In such view of the matter, the WPC (OAC) is disposed of as infructuous.

(S.K. Panigrahi) Judge pcd