The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 13761 of 2020 Mrutyunjaya Lenka …. Petitioner Mr. B. Routray, Senior Advocate -Versus- State of Odisha and another …. Opposite Parties Mr. P.K. Ray, AGA CORAM: MR. JUSTICE R. K. PATTANAIK Order No.
Decision
ORDER 24.06.2025 12. 1. Heard Mr. Routray, learned Senior Advocate appearing for the petitioner and Mr. Ray, learned AGA for the State. 2. Instant writ petition is filed by the petitioner for a direction to the opposite parties to allow him to join as Mining Officer pursuant to the order in O.A No.3437 (C) of 2014 upheld in W.P.(C) No.6730 of 2017 dated 24th August, 2017 modifying the order dated 31st July, 2018 as at Annexure-4 on the grounds stated. 3. Mr. Routray, learned Senior Advocate for the petitioner submits that the petitioner was appointed as Mining Officer (Group B) of the Orissa Mining and Geology Service in the Directorate of Mines, Bhubaneswar vide Annexure-1 dated 17th May, 2005. It is further submitted that since the petitioner was ill and was suffering from jaundice, he sought for an extension for joining in the said post with a representation dated 18th July, 2005 and since, no reply was Page 1 of 5 received by him, he filed OA No.2946 (C) of 2008 before the Odisha Administrative Tribunal, which was disposed of on 5th January, 2009. The further submission is that upon rejection of the representation of the petitioner, OA No.3437 (C) of 2014 was filed before the learned Tribunal and the same was disposed of 5th August, 2016 quashing the order of rejection dated 5th January, 2009 directing the opposite parties to pass appropriate order fixing the date of joining but it was instead challenged in W.P.(C) No.6370 of 2017 disposed of on 24th August, 2017, whereafter, SLP was filed but the same was dismissed. It is stated that after dismissal of the SLP on 2nd April, 2018, opposite party No.1 directed the petitioner to join as the Mining Officer as per Annexure-4, in response to which, representation was filed to extend the time. Mr. Routray, learned Senior Advocate would submit that since there was no office of Deputy Director of Mines, Bolangir, a Corrigendum was published on 8th August, 2018 as per Annexure-A/1 of the counter affidavit of opposite party No.1. Referring to the said Corrigendum, it is further submitted that a copy of the same was communicated to the petitioner having been dispatched on 9th August, 2018 and received on 12th September, 2018 and while claiming so, Mr. Routray, learned Senior Advocate refers to Annexure-9 of the additional affidavit filed in reply to the counter of opposite party No.1. The contention is that for the late receipt of such intimation on 12th September, 2018 pursuant to the Corrigendum i.e. Annexure-A/1, the petitioner could not join in the place of positing at Bolangir, hence, therefore, in the interest of justice, Page 2 of 5 a direction is required to be issued to the opposite parties in that regard to allow him to do so. 4. On the contrary, Mr. Ray, learned AGA for the State, referring to the counter affidavit of opposite party No.1, would submit that the petitioner was allowed reasonable time to joint at the place of posting. It is further submitted that the date of joining pursuant to Annexure-4 was well within the knowledge of the petitioner and furthermore, it was never intimated to the authorities concerned by him in his representation dated 27th August, 2018 regarding the fact that there is no such Office of Deputy Director of Mines in Bolangir Circle. With such submission, Mr. Ray, learned AGA for the State contends that a month time was extended in order to enable the petitioner to join as the Mining Officer in Bolangir Circle but it was not availed of. The contention is that the extension of validity of merit list in respect of the petitioner was extended for a period of one month only in consonance with Rule 15 of the Odisha Mining and Geological Service Rules, 1976 upon the recommendation received from the OPSC and hence, therefore, under such circumstances, he cannot be directed to join at Bolangir. 5. As earlier stated, the petitioner received the letter of appointment as per Annexure-1 in the year 2005 and at last, by office order dated 31st July, 2018 at Annexure-4, he was directed to join in Bolangir Circle as the Mining Officer. The extension of one month time was from the date of issuance of Annexure-1 and the same was in compliance of the Court’s order in W.P.(C) No.6730 of 2017. Considering the Page 3 of 5 representation i.e. Annexure-5 and additional affidavit of the petitioner as Flag-Q, it is made to reveal that upon issuance of the Corrigendum dated 8th August, 2018 i.e. Annexure-A/1 of the counter of opposite party No.1, he was intimated by the authorities concerned to join in the place of positing but as per the Postal Tracking Report as at Annexure-9 series, the same was delivered to him on 12th September, 2018. It is made to understand that since no such office of Deputy Director of Mines at Bolangir was there, the Corrigendum dated 8th August, 2018 was issued. From the additional affidavit of the petitioner at Flag-Q, it is found pleaded that the Office Order dated 31st July, 2018 was received by him on 4th August, 2018, it is further made to understand that thereafter, the Corrigendum as per Annexure-A/1 was released clarifying therein about the office of the Deputy Director of Mines, Bolangir Circle referred to him in Annexure-A/1 to be read as the Mining Office, Bolangir. In fact, later to such issuance of Corrigendum and its dispatch on 9th August, 2018 and received on 12th September, 2018 so made to reveal from the Postal Tracking Report i.e. Annexure-9 of the additional affidavit dated 9th October, 2020, the petitioner learnt about the same but it was late by then for him to join at the place of posting. Notwithstanding, any such representation dated 27th August, 2018 but for the fact that the petitioner was to join in the place of posting at Bolangir pursuant to the Corrigendum dated 8th August, 2018 at Annexure-A/1 and as earlier stated, it was received on 12th September, 2018, he failed to comply the same. Considering the above facts and submissions of Mr. Routray, learned Senior Advocate for the petitioner and Mr. Page 4 of 5 Ray, learned AGA for the State, the Court is of the humble view that though there has been delay in the meantime, more than six years have lapsed but for the fact that the petitioner for reasons beyond his reach as having received the intimation on 12th September, 2018 later to the Corrigendum issued, he should be allowed to join in the Mining Office at Bolangir within a stipulated period. In fact, to facilitate such joining, the select list was extended for a period of one month from the date of appointment but for the reasons discussed herein above, the petitioner since failed to turn up and it was not on account of any such default by him, rather having the intention to comply, the Court reaches at a conclusion that the interest of justice would be best served, if he should be permitted to join at Bolangir. 6. Accordingly, it is ordered. 7. In the result, the writ petition stands disposed of with a direction to the opposite parties to allow the petitioner to join in the Mining Office at Bolangir on or before 31st July, 2025 and to accomplish it with necessary exercise being undertaken as required under law. 8. Urgent copy of this order be issued as per rules. 9. A copy of the order be handed over to Mr. Ray, learned AGA for the State for its onward intimation to the opposite parties to ensure its early compliance. Signature Not Verified Digitally Signed Signed by: ROJINA SAHOO Designation: Junior Stenographer Reason: Authentication Location: OHC, CTC Date: 25-Jun-2025 19:23:20 Rojina (R.K. Pattanaik) Judge Page 5 of 5