Bikash Kumar Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.40783 of 2021 Bikash Kumar Behera ....

Petitioner Mr.Aparesh Bhoi, Advocate -versusState of Odisha and others.

....

Opposite Parties Mr.Y.S.P.Babu, A.G.A.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

25.04.2022 01.

1.

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

2.

Heard learned counsel for the Petitioner as well as the learned Additional Government Advocate.

3.

The present writ application has been filed by the Petitioner with the following prayer:

"Hence, it is prayed that the Hon'ble Court may be pleased to issue notice to the parties, after hearing the parties issue appropriate Writ(s) or Direction(s) or Order(s) quashing the impugned order dated 29.10.2021 passed by the Collector, Deogarh (OP-2) at Annexure-1, since the impugned order has been passed without following the principles of natural justice of equity, And further this Hon'ble Court may be pleased to direct appropriate authority for allowing the Petitioner to continue in his post, since NREGA scheme under which the Petitioner has been appointed has not yet abolished and since as per terms and conditions of the engagement he is to continue till abolition of the said scheme.

And further may be pleased to pass any other order(s)/direction(s) as the Hon'ble Court deems fit and

// 2 // proper."

4.

It is submitted by the learned counsel for the Petitioner this matter is covered by the decision rendered by this Court in W.P.(C) No.17615 of 2016 disposed of on 15.02.2019 in the matter of Nageswar Das v.State of Odisha. Accordingly the writ application is disposed of in the light of the decision rendered in Nageswar Das -v.State of Odisha.

5.

The Petitioner is directed to approach the authorities along with certified copy of this order as well as the copy of the decision in W.P.(C) No.17615 of 2016 within a period of two weeks. In such event the authorities shall consider the matter in the light of the direction given in the order dated 15.02.2019 passed in W.P.(C) No.17615 of 2016 within a period of one month thereafter. RKS ( A.K. Mohapatra ) Judge