The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.13588 of 2025 Chandan Nayak ..... Petitioner Represented By Adv. - Sukanta Kumar Dalai -versus- ..... Opposite Parties Represented By Adv. – Ms. Nayak, A.S.C. 1) State Of Odisha 2) Collector, Khurda, Odisha 3) Project Director, Drda, Khurda, Odisha 4) Block Development Officer, Balipatna
Legal Reasoning
CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No.
Decision
ORDER 14.05.2025 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the petitioner as well as learned counsel for the State. Perused the writ petition as well as documents annexed thereto. 3. The present writ petition has been filed by the petitioner with the following prayers: “It is, therefore, humbly prayed that this Hon'ble Court may graciously be pleased to admit the writ petition, issue rule nisi calling upon the opposite parties to show cause as to why direction in the nature of writ of mandamus shall not be given to the opposite parties more especially to opposite party no-1 & 2 to absorb the petitioner forthwith in the post of Accountant -cum- Data Entry Operators in Page 1 of 5. resolution view of the recommendation of the district administration and forthwith with retrospective service benefits in declaring the action of the opposite parties as illegal, arbitrary and malafide . 02.05.2025 dated And pass such other order/orders as would be deemed fit and proper.” 4. Learned counsel for the petitioner at the outset contended that initially the petitioner was engaged as Gram Rozgar Sevak (GRS) on 28.06.2018. While this was the position the State Government came up with a Rules on 27.02.2024 thereby recognising the rise in the number of GRS and took a decision to absorb them against the post of Accountant-cum-Data Entry Operator pursuant to the Rule 10(1) of Odisha Accountant-cum- Data Entry Operator (Method of Recruitment and Conditions of Service) Rules, 2024 under Annexure-1 to the writ application. Similarly, a guideline was formulated on 12.03.2024 for absorption of such GRS under Annexure-3 to the writ application. 5. Learned counsel for the petitioner at this juncture contended that since no steps were taken pursuant to Rule 10 of the Rules under Anenxure-1 for absorption of the service of the GRS as against the newly recreated post of AD.E.O., some of the persons were compelled to approach this Court by filing the present writ application. During the pendency the aforesaid writ application, the Panchayatraj PR & DW Department, Govt. of Odisha sought for instruction from different Zilla Parishad. Learned counsel for the petitioner at this juncture referring to the documents under Anneuxre-4 to the writ application contended Page 2 of 5. that on 15.03.2024 the Zilla Parishad, Khordha passed an order recommending name of the 129 candidates, which was prepared by the district selection committee for appointment to the post of A.D.E.O. on regular basis. He further contended that the name of the present petitioner was not included in the list under Annexure-4 to the writ application. 6. While this was the position, again another letter was issued by the PR & DW Deparmtent, Govt. of Odisha on 14.11.2024 pursuant to the interim order passed in the pending writ applications seeking information from all the CDO-cum-EOs of the Zilla Parishad with regard to the number of eligible GRS who have completed five years of continuous service as GRS as per the Rules, under Annexure-1of the writ application. In compliance to the order dated 14.11.2024 under Annexure-5 the Zilla Parishad, Khordha vide letter dated 16.11.2024 under Annexure-6 to the submitted the names of the five persons including the name of the present petitioner. So far the present petitioner is concerned in the column under the heading “reasons for non-absorption” it has been reflected “deficit of sanctioned post”. Learned counsel for the petitioner at this juncture contended that although the DR & DW Department has created 7142 sanctioned posts of A.D.O., however the case of the petitioner has been recommended with a noting that no sanctioned posts are available. In the aforesaid context learned counsel for the petitioner further submitted that the petitioner is ready an willing to join under any Zilla Parishad as against new Page 3 of 5. post created by the State Government. 7. Learned counsel for the State on the other hand contended that the present writ application is premature. She further contended that pursuant to the interim order passed earlier in the batch of writ applications information has been sought for from Zilla Parishads with regard to the number of employees who have been working as GRS are eligible serving consider for absorption in term of Rule 10 of the 2024 Rule, under Annexure- 1. Therefore learned counsel for the State contended that on the basis names of eligible candidates being available, does not confer any right on the petitioner to claim for absorption. In such view of the matter, learned counsel for the State further contended that in the event this Court directs the Opposite Parties to consider the case of the petitioner strictly in terms of the Rule 10 of the Rules, 2024 under Annexure-1 subject to the eligibility of the present petitioner and availability of the post she will have no objection to the same. 8. Considering such submissions made by the learned counsels appearing for the respective parties, on a careful examination of the background facts further keeping in view the documents annexed to the present writ application upon consideration the grievance of the petitioner as involved in the present writ application, this Court deems it proper to dispose of the writ application at the stage of admission by directing the Opposite Party No.1 to consider the case of the petitioner for absorption in terms of Rule 10 of the Rules, 2024 under Page 4 of 5. annexure-1 subject to the eligibility of the present petitioner and availability of the posts of A.D.E.O.. Further it is made clear in the event the petitioner is found suitable it is open to the Opposite Parties to appoint him in any available regular post under any Zilla Parishad, in view of the undertaking given by the petitioner as the time of adjudication of the present writ application. Let the aforesaid exercise be carried out within a period of two months from the date of communication of a certified copy of today’s order. The final decision so taken by the Opposite Party No.1 be communicated to the petitioner within a period of ten days from the date of taking such decision. 9. With the aforesaid observation/direction, the writ petition is disposed of. Urgent certified copy of this order be granted on proper application. Rubi ( A.K. Mohapatra) Judge Page 5 of 5. Signature Not Verified Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: OHC Date: 16-May-2025 18:28:00