Nityananda Maharana v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 39865 of 2021 Nityananda Maharana .....

Petitioner Mr. B.P. Satpathy, Adv.

Vs.

State of Odisha and others .....

Opposite parties State Counsel

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

18.01.2022 Order No.

This matter is taken up by hybrid mode.

2.

Heard Mr. B.P. Satapathy, learned counsel for the petitioner and State Counsel.

3.

The petitioner has filed this writ petition seeking direction to the opposite parties to absorb the petitioner in regular establishment from the date similarly situated NMRs were so absorbed basing on the select list dated 16.04.2001 under Annexure-4 series and further to disburse all consequential service and financial benefits within a stipulated time.

4.

Mr. B.P. Satapathy, learned counsel for the petitioner, in course of hearing, contended that the petitioner may be permitted to file a fresh representation before opposite party no.1 within a period of two weeks, so that opposite party no.1 shall consider and pass appropriate order in accordance with law taking into account the fact that the services of the juniors to the petitioner have already been regularized w.e.f. 1992, to which learned Additional Government Advocate for

the State opposite parties has no objection.

5.

Considering the contentions raised by learned counsel for the parties, this Court directs the petitioner to file a fresh representation within a period of two weeks from today ventilating his grievances before opposite party no.1. In the event the petitioner files such representation, opposite party no.1 shall consider and pass appropriate order keeping in view the fact that the services of the juniors to the petitioner have already been regularized w.e.f. 1992, within a period of three months thereafter.

6.

With the aforesaid observation and direction, the writ petition is disposed of.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed, vide Court's Notice No.4587 dated 25th March, 2020, as modified by Court's notice no. 4798 dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

Ashok (DR. B.R. SARANGI) JUDGE