The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.41973 of 2021 Sangram Keshari Mohanty ..... Petitioner Represented By Adv. - Bijaya Kumar Behera(1) State Of Odisha and others ..... Opposite Parties -versus- Represented By Adv. – N.K.Praharaj, A.G.A.
Legal Reasoning
CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Decision
ORDER 22.04.2024 Order No. 07. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as the learned Additional Government Advocate. Perused the Writ Petition as well as the documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer: “It is therefore most respectfully prayed that, this Hon’ble Court may graciously be pleased to:- A. Admit this writ application. B. As to why the opp. Parties more particularly the opp. Party nos. 2 & 3 shall not be directed to issue an engagement order to the petitioner for the post of Live Stock Inspectors (LSI) on contractual basis in district Page 1 of 5. of Jagatsinghpur being the appointing Authority, and, C. And as to pass such other order or orders as this Hon’ble Court deem fit and proper. And on their failure to show cause or showing in sufficient cause, this Hon’ble Court be pleased to make the said RULE absolute by way of issuing appropriate writ or writs, order or orders in the facts and circumstances of the present case.” 4. It is submitted by learned counsel for the petitioner that although the petitioner has necessary qualification for being appointed as Livestock Inspector and he has been working on contractual basis in the district of Jagatsinghpur, however the Opposite Party Nos.2 and 3 are not considering the case of the petitioner for appointment against regular vacant post of Livestock Inspector. Being aggrieved by such inaction of the Opposite Parties the petitioner has approached this Court by filing the present writ application. 5. In course of his argument learned counsel for the petitioner submitted that initially the petitioner was denied regular absorption against a regular vacant posts on the ground that W.P.(C) No.16810 of 2016 filed by some of the candidates is pending before this Court for final adjudication. He further contended that in the meantime the aforesaid writ application has been disposed of by a coordinate bench vide judgment dated 21.02.2024. It was also contended that the said writ application along with another similar writ application was disposed of, by taking into consideration the submission made before the coordinate bench that the petitioner has already been included in a fresh merit list published by the CDVO, Jagatsinghpur, with a Page 2 of 5. direction to the Opposite Party No.3 to take consequential action in the matter by providing appointment to the petitioner ‘in those cases against the available vacancies. Such exercise was directed to be carried out within one month from the date of communication of a copy of this order. So far the present petitioners are concerned learned counsel for the petitioner, referring to the letter dated 14.03.2019 under Annexure-9 issued by the Director of Animal Husbandry and Veterinary Services, submitted that the case of the petitioner and similarly situated other persons were not considered, although they have been declared as passed in the final training by the OUAT authorities on 23.02.2019, on the ground that no such engagement order is to be issued due to non-compliance of judgment dated 18.12.2018 passed in W.P.(C) No.16810 of 2016. In the aforesaid letter under annexure-9 it has also been mentioned that the Collector & DM-cum-Chairman DSC, Jagatsinghpur has already been requested to take necessary action at his level for compliance of order passed by this Court and that the same is under consideration of the DSC, Jagatsinghpur. Further, it was revealed that since the model code of conduct for the issuing general election has come into force, no final decision has been taken in the matter. 6. Learned Additional Government Advocate on the other hand contended that after disposal of the W.P.(C) No.16810 of 2016 vide judgment dated 21.02.2024 the Government is acting in pursuance of the said judgment for taking further necessary follow up action. He further contended that owing to the ensuring the general election and the model code of conduct which has been put into force, it has been difficult on the part of the opposite parties to take any immediate Page 3 of 5. action pursuant to the aforesaid judgment of coordinate bench. However, he further contended that in the event the petitioner approach the opposite parties, then his case shall be considered by taking into consideration the order passed by the coordinate bench in W.P.(C) No.16810 of 2016 decided on 21.02.2024, as well as the order passed in WPC(OA) No.1587 of 2016 disposed of on 26.06.2023, in accordance with law and within a stipulated period of time. 7. Having heard learned counsels appearing for the respective parties, on a careful examination of the background facts as well as materials on record, further taking into consideration the judgment of the coordinate bench in Basudev Guru and others V. State of Orissa and others in W.P.(C) No.16810 of 2016, 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.4 who happens to be the chairman of the selection committee of Livestock Inspector recruitment Board, by filling a detailed representation taking therein all the grounds along with copies of the judgments referred to hereinabove. In such eventuality the Opposite Party No.4 shall do well to take a decision keeping in view the eligibility of the present petitioner and their experience and shall take a final decision within three months from the date of communication of a certified copy of this order. The final decision so taken be communicated to the petitioner within a week from date of taking such decision. Further, it is clarified that the Opposite Party No.4 while considering the representation of the petitioner shall also take into consideration the orders of this Court as has been referred to Page 4 of 5. hereinabove. 8. With the aforesaid observation, the writ application stands disposed of. 9. Issue urgent certified copy of this order as per Rules. Rubi ( A.K. Mohapatra ) Judge Page 5 of 5. Signature Not Verified Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 25-Apr-2024 15:40:05