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Orissa High CourtWPC(OA)/528/2019disposed off

Pravakar Nayak v. State Of Odisha

2022-02-16Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OA) No.528 of 2019 Sri Pravakar Nayak and another ....

Petitioners Mr. S.N. Patnaik, Advocate -versusState of Odisha & others ....

Opposite Parties Mr. P.C. Das, ASC for State

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

16.02.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2.

Heard learned counsel for both the parties. Perused the records.

3.

The present writ petition has been filed by the Petitioners, who were working in the post of Drivers on contractual basis since 201011 in the establishment of Orissa Administrative Tribunal, Odisha, Bhubaneswar, seeking regularization of their services on the ground that they have completed six years of contractual service and they are also fulfilling the eligibility criteria fixed by the G.A. Department Notification dated 17.09.2013 and subsequent Notification dated 16.01.2014 with regard to qualification of the candidates to the said posts.

4.

Learned counsel for the Petitioners submits that the Petitioners were duly selected by the erstwhile Orissa Administrative Tribunal and were engaged on contractual basis as Drivers and while

// 2 // continuing as such, they prayed the Authority for regularizing their services. However, before the issue could be taken up, learned Orissa Administrative Tribunal was abolished. Although the Petitioners were continuing in the government services, but their services could not be regularized.

5.

Counter Affidavit on behalf of Opposite Party Nos.1 and 2 has been filed, wherein the Authority did not dispute the factual position. It is further stated that the representation of the Petitioners was under active consideration of the government.

6.

In such view of the matter, this Court disposes of the writ petition directing the Opposite Parties to take a decision on the representations of the Petitioners (Annexure-10 series) as has been stated in the counter affidavit taking into consideration the Government Resolution referred to hereinabove under Annexure-9, as expeditiously as possible, preferably within a period of two months from the date of production of certified copy of this order. Decision thereof be communicated to the Petitioners within a period of ten days thereafter.

7.

With the above observation/direction, the writ petition stands disposed of.

8.

Issue urgent certified copy of this order on proper application. UKSahoo ( A.K. Mohapatra ) Judge