This judgment disposed of a writ petition concerning the regularization of the petitioner's service as a Watcher. The court directed the respondent to entertain a fresh representation and maintain status quo pending a decision, while vacating an earlier interim order.
Directions to file a representation and maintain status quo; interim order dated 12.03.1998 vacated.
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O.J.C. No. 3123 of 1998
26.08.2016 Heard learned counsel for the parties.
The case of the petitioner in this writ petition is that initially he was working as
N.M.R. under the Orissa Forest Development Corporation for more than 9 years and thereafter, h
e has been working as Watcher from 1988 till date. Now, the petitioner prays for direction to
the opposite parties to regularize his service as Watcher from the date of his initial engagem
ent.
While issuing notice in this case by virtue of the order dated 12.3.1998, this Court
directed that there shall be no termination/retrenchment of the petitioner. In the mean time,
eighteen years have passed.
In course of hearing, learned counsel for the petitioner submits that the petitioner
shall file a fresh representation before the Managing Director of the Corporation highlighting
the grievances as made in this writ application. If such a representation is filed within fou
r weeks from today, the Managing Director, O.F.D.C., opposite party no.3, shall take a decisio
n on the same within two months from the date of filing of such representation. Till a decisio
n is taken on the representation of the petitioner, status quo as on date with regard to servi
ce of the petitioner shall be maintained. In the event the opposite parties go for fresh recru
itment to any of the category of posts, in which the petitioner is working, and if the petitio
ner applies for the same, his case shall be considered on priority basis looking at his experi
ence length of service and performance.
With the aforesaid observation/direction, the writ application is disposed of.
The interim order dated 12.03.1998 passed in M.C. No. 2773/98 stands vacated.
Issue urgent certified copy as per rules.
Ajaya
Dr. B.R. Sarangi,J.
2 issues framed by the court
Whether the service of the petitioner should be regularized from his initial engagement as a Watcher.
Whether an interim order preventing termination should be vacated and fresh directions issued for service regularization.
The Petitioner
The Managing Director, O.F.D.C.
Dr. B.R. Sarangi
As recorded by the court registry
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