The High Court
Case Details
Order No. 02. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.12740 of 2023 Saul Nayak State of Odisha & others -versus- …. Petitioner
Legal Reasoning
Mr. S.K. Mishra, Advocate …. Opposite Parties Mr. N.K. Praharaj, A.G.A. CORAM: JUSTICE A.K. MOHAPATRA
Decision
ORDER 25.07.2023 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard Mr. S.K. Mishra, learned counsel appearing for the petitioner as well as Mr. N.K. Praharaj, learned Addl. Government Advocate appearing for the State-Opposite Parties. Perused the writ application as well as the documents annexed thereto. 3. The present writ application has been filed by the Petitioner with the following prayer:- “Therefore it is prayed that Hon’ble Court may be pleased to issue rule nisi as to why a direction shall not be given to the Opp. Party No.2 & 3 to regularize the service of the Petitioner as he has completed six years of service on daily wage basis in the Office of the Opp. No.4 as per the letter dtd.07.09.2015 of the Opp. No.3 vide Annexure-1 on the grounds stated in the writ petition and the Opp. Parties showing no cause or insufficient cause or cause not to the satisfaction of the Hon’ble Court, the writ petition may be allowed.” 4. It is submitted by learned counsel for the Petitioner that the parents of the present petitioner namely Duba Nayak and Budi Nayak were killed during firing of SOG/CRPF at Tropa Ghati near Pangali // 2 // Padar Reserve Forest on 26.07.2015. After death of the above named two persons a mass rally and protest took place in the locality. Thereafter, on the assurance of the Collector, the protest was called off. It is further contended by learned counsel for the petitioner that the Collector, Kandhamal had assured financial assistance and job to the family members of above named deceased persons. Learned counsel for the Petitioner at this juncture also contended that the financial condition of the family of the victims after police firing incident is such that they are struggling for their survival. 5. Learned counsel for the petitioner drawing attention of this Court to a letter dated 19.02.2018 under Annexure-3 to the writ application, which is a letter written by the BDO, Kotagarh to the Collector and District Magistrate, Kandhamal, Phulbani, submitted that the BDO, Kotagarh has requested the Collector and District Magistrate, Kandhamal to provide regular posting to the present Petitioner as the BDO is not the Competent authority to give such appointment. On a perusal of the letter dated 19.02.2018 this Court deems it proper to quote the same hereinbelow:- Ref:- Sir, Regd ID.OR162/P/2017/00058, dated 01.11.2017 of CM’s Grievance Cell. that to say In inviting a kind reference to the Grievance petition ID:-OR162/P/201700058, I am the Petitioner filed by Saula Nayak is true. The parents of Saula Nayak (F-Dhuba Nayak & M-Bhubudi @ Budi Nayak) were killed by firing of SOG/CRPF during exchange of fire at Tropa Ghati near Pangalipadar Reserve Forest on 26.07.2015. A mass rally and protest was organized by local public at Kotagarh in this regard. For specification of this violent rally an in pursuance of letter No.742/Res, dated 07.09.2015 of Collector, Kandhamal, Saula Nayak, the second son of the deceased parents has been kept in this office as daily labour since last 04(Four) years. The first son and the third son of the deceased // 3 // parents are Rahula Nayak and Paula Nayak respectively. Rahula Nayak is married and residing at his native village Pangalipadar. Paula Nayak is reading in the Class-IX at present. Till now, Saula Nayak is working in this office as daily labour since the incumbency of the then BDO, late Trilochan Singh. Saula Nayak has been requesting for his engagement in regular posting for management of his other brothers and sisters who are minor and unmarried. This office is not competent for regular posting of Saula Nayak as per his request. The Xerox copies of the required documents of Saula Nayak is enclosed herewith for kind reference and consideration of his claim if authority pleases. Learned counsel for the Petitioner further contended that 6. although the matter is pending with the Collector and District Magistrate, Kandhamal since 2018 however, no decision has been taken on the same as of now and as a result of which the entire family of the victims are suffering financially. 7. Learned Addl. Government Advocate, on the other hand contended that since the BDO, Kotagarh has already written a letter to the Collector and District Magistrate, Kandhamal to take a decision in the matter he will have no objection in the event, a direction is given to the Collector and District Magistrate, Kandhamal to consider the case of the Petitioner keeping in view the recommendation made by the BDO, Kotagarh within a stipulated period of time. 8. On a careful examination of the background facts of the present case and upon a scrutiny of the letter dated 19.02.2018, this Court is of the considered view that the issue involved in the said letter is very serious in nature. Therefore, the Collector should have taken action on such letter by attaching utmost importance to the same and by considering the seriousness of the issue involved therein. However, considering such submission made by of learned Addl. Government Advocate, this Court deems it proper to grant an opportunity to // 4 // Collector and District Magistrate, Kandhamal to take a decision on the recommendation of the BDO, Kotagarh vide letter dated 19.02.2018 under Annexure-3 to the writ application. 9. Accordingly, the Petitioner is directed to approach the Collector and District Magistrate, Kandhamal-Opposite Party No.3 within 10 days from today along with a certified copy of this order. In the event, the Petitioner approaches the Opposite Party No.3, the Opposite Party No.3 shall do well to consider the case of the Petitioner and his family and take a decision on the recommendation of the BDO, Kotagarh vide letter dated 19.02.2018 under Annexure-3 to the writ application within a period of six weeks from the date of communication of the certified copy of this order by the Petitioner. The decision so taken be also communicated to the Petitioner within two weeks thereafter. Further, this Court would like to observe that since the Petitioner is serving as a daily labourer as has been observed in the letter of the BDO, Kotagarh, the Collector and District Magistrate, Kandhamal shall do well to consider such fact while passing the final order and if possible shall make every endeavor to provide regular employment to anyone of the family members of the victims family considering extra-ordinary factual background of the present case which shall not be treated as a precedent in future. 10. With the aforesaid observations/ directions, the writ application stands disposed of. Issue urgent certified copy of this order as per Rules. Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Anil Date: 27-Jul-2023 17:12:07 ( A.K. Mohapatra ) Judge