Manas Ranjan Pattnaik & Ors v. State of Odisha & Ors.). This Court taking into account the decisions passed by
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 3570 of 2021 ..... Surendra Padhan & Ors. Petitioners Mr. K.C. Sahu, Advocate State of Odisha &Ors. -versus- ..... Opposite Parties Mr. P.K. Mohanty, ASC THE HON’BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY CORAM: ORDER 18.08.2025 Order No.04 1. This matter is taken up through hybrid mode.
Legal Reasoning
2. Heard Mr. K.C. Sahu, learned counsel appearing for the Petitioners and Mr. P.K. Mohanty, learned Addl. Standing Counsel appearing for the Opp. Parties. 3. The present writ petition has been filed inter alia challenging order dtd.14.08.2021 so issued by Opp. Party No. 3 under Annexure-13. Vide the said order benefit of the order passed on 04.11.2019 under Annexure-12 was cancelled. 4. It is the case of the Petitioners that order dtd.04.11.2019 was passed in compliance to the order passed by the Tribunal in O.A. No. 2228 of 2018 and 2227 of 2018 under Annexure-6 series. In terms of the said order, regularization of the services of the Petitioners was antedated and date of regularization was taken just after completion of 6 (six) years of service on contractual basis as provided in G.A. Department notification dtd.17.09.2013. However, after implementing the order passed by the Tribunal vide order dtd.04.11.2019 under Annexure-12 with extension of the benefit as Page 1 of 4. due and admissible, the same was cancelled vide order dtd.14.01.2021 without following the principle of natural justice. 5. It is contended that once an order passed by the Tribunal was duly implemented with extension of the benefit in question, the same could not have been cancelled without following the principle of natural justice and such a cancellation is also not permissible after implementation of the order. In support of the same, reliance was placed to a decision of this Court reported in 2021(II) OLR 109 (Manas Ranjan Pattnaik & Ors. Vs. State of Odisha & Ors.). This Court taking into account the decisions passed by the Hon’ble Apex Court in series of cases, held as follows in Para 30:- “30. Taking into consideration the cumulative effect of the discussions, as made above, this Court is of the firm opinion that the order dated 27.11.2020 under Annexure-14 issued by the Deputy Secretary to Government in Health and Family Welfare Department to all the C.D.M. & P.H.Os., Odisha, with regard to cancellation of orders of antedation of regularization of MPHW (M) and MPHW (F), cannot sustain in the eye of law and the same is liable to be quashed and is hereby quashed. Since the rights of the petitioners have been protected by this Court by passing the interim orders, they shall be deemed to be continuing in service on regularization as before from the date they have completed six years contractual service as per Annexure- 12 dated 01.10.2018.” 5.1. It is also contended that similar claim allowed by the Tribunal when was assailed by the State in W.P.(C) No. 4253 of 2021 (State of Odisha & Ors. Vs. Mahendranath Karan & Ors.), the same was dismissed by this Court vide order dtd.09.03.2021. The order passed by this Court has also been confirmed by the Apex Court while dismissing the appeal in Special Leave to Appeal (Civil) No. 14680 Page 2 of 4. of 2021 vide order dtd.22.01.2024 (copies of those orders produced in Court be kept in record). 5.2. Making all these submissions learned counsel appearing for the Petitioners contended that once order passed by the Tribunal was implemented vide order dtd.04.11.2019 under Annexure-12 with extension of the benefit, the same could not have been cancelled without following the principle of natural justice and the same is also not permissible in the eye of law. It is accordingly contended that the impugned order dtd.14.01.2021 is not sustainable in the eye of law and requires interference of this Court. 6. Even though notice of the writ petition has been issued since 02.02.2021 with passing of an interim order staying the operation of order dtd.14.01.2021, but no counter affidavit has been filed as yet. However, basing on the available materials, learned Addl. Standing Counsel contended that since subsequent to extension of the benefit, it was found that the Petitioners are not eligible to get the same, the same was cancelled vide order dtd.14.01.2021 under Annexure-13 by the self-same authority. It is accordingly contended that since the impugned order has been passed by the same authority, who had extended the benefit vide order dtd.04.11.2019 under Annexure-12 and on coming to know that Petitioners are not eligible to get the same, no illegality or irregularity can be found with such action of the Opp. Party No. 3. 7. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court finds that claiming antedation of the regularization, Petitioners approached the Tribunal by filing O.A. No. 2227 of 2018 & 2228 of 2018. The Tribunal vide order under Annexure-6 series relying on the order passed in O.A. Page 3 of 4. No. 1547 of 2018 & batch allowed the claim of the Petitioners for such antedation of their regularization. 7.1. As found the order passed by the Tribunal was implemented vide order dtd.04.11.2019 under Annexure-12 and date of regularization was antedated to the date of completion of six years of service on contractual basis. Placing reliance on the decision reported in 2021 (II) OLR 109 and the order confirmed by the Apex Court in the case of Mahendranath Karan as cited (supra), this Court is of the view that the impugned order could not have been passed, after implementation of the order passed by the Tribunal under Annexure- 6 series. Therefore, this Court is inclined to quash order dtd.14.01.2021 so passed by Opp. Party No. 2 under Annexure-13. While quashing the said order, this Court upheld the order passed by the self-same authority on 04.11.2019 under Annexure-12.
Decision
8. The writ petition accordingly stands disposed of. (BIRAJA PRASANNA SATAPATHY) Judge Sneha Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 20-Aug-2025 16:26:01 Page 4 of 4.