Rama Chandra Sahoo v. State of Odisha & Ors.

Opposite Parties Mr. P.C. Das, A.S.C. CORAM: JUSTICE A.K. MOHAPATRA ORDER 03.01.2024

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

2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State-Opposite Parties. Perused the Writ Petition as well as the documents annexed thereto.

3. The present Writ Petition has been filed by the Petitioner with the following prayer : Order No.

It is therefore humbly prayed that this Hon’ble Court may graciously be pleased to admit the case, call for the records and after hearing both the parties pass the following reliefs; i) To quash the impugned the order dated 2.04.2022 under Annexure-4 in so far as it relates to declaring the petitioner as excadre. To quash the impugned the order dated 04.04.2022 under Annexure-5 in so far as it relates to declaring the petitioner as excadre. To direct the opposite parties to treat the Petitioner as regularized in service from the date of his initial joining/appointment; To direct the opposite parties to grant all service and the Petitioner as consequential benefits regularized in service from the date of his initial joining/appointment. And pass such other order/orders as may be deemed fit treating ii) iii) iv) // 2 // and proper for the interest of justice.

The factual background of the case in short, is that, initially the

Petitioner was appointed as a Constable in Jagatsinghpur district on

17.11.2011. Thereafter, the merit list was revised on 24.12.2021. After redrawal of the select list, the final list was prepared on 30.03.2022 in respect of Jagatsinghpur district wherein six fresh candidates were selected for appointment as Constable on 24.11.2021. The Petitioner and some others were declared as surplus candidates, the department vide D.O. No.477 dtd.04.04.2022 under Annexure-5 took a decision to continue them in service as Constable in an ex-cadre post. The list under Annexure-5 reveals that the petitioner’s name finds at serial No.1 and he belongs to SEBC (Men) category.

Learned counsel for the Petitioner contended that the Petitioner was selected by following a regular recruitment process. However, subsequently the Petitioner and some others were found to be surplus, therefore without terminating their service, a decision was taken to continue them in an ex-cadre posts pursuant to the order passed by this Court in W.P.(C) Nos.28493, 28501, 28553 of 2013 and 25221 of 2017. Learned counsel for the Petitioner, at this juncture submitted that there are two posts are lying vacant in the SEBC (Men) category in respect of Jagatsingpur district. In such view of the matter, learned counsel for the Petitioner submitted that since the Petitioner’s name appeared at Serial No.1 in the list under Annexure-5, this case may be considered for recruitment of the Petitioner against a regular vacant post belonging to the SEBC (Men) category.

Learned Additional Standing Counsel, on the other hand contended that he has no instruction as to whether any post are lying vacant or not? However, he further contended that the Petitioner has not approached the competent authority before approaching this Court. In such view of the matter, learned Additional Standing Counsel that the petitioner be directed to approach the competent authority before // 3 // approaching this Court by filing the present writ application.

Considering the submissions made by learned counsels appearing for the respective parties and on a careful examination of the background facts of the present case as well as keeping in view the limited nature of the grievance, this Court deems it proper to dispose of the writ application at the stage of admission by granting liberty to the Petitioner to approach the Opposite Party No.2 by filing a detailed representation along with all supporting documents within a period of two weeks from today. In the event, such a representation is filed before the Opposite Party No.2, the Opposite Party No.2 shall do well to consider the same and explore the possibility admitting the Petitioner against any vacant post of Constable belonging to SEBC (Men) category in terms of the order passed by this Court in the earlier writ application as has been referred to hereinabove within a period of two months from the date of communication of a certified copy of this order. Any decision taken by the Opposite Party No.2 be communicated to the Petitioner within two weeks from the date of taking such a decision.