The Division Bench heard a writ petition concerning the transfer of Gram Rozgar Sevakas. The Court held that the matter must await the decision of a pending Division Bench Writ Appeal and suspended the impugned orders until then.
Impugned orders held in abeyance pending the decision in Writ Appeal No. 402 of 2017; petitioner's position maintained.
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WP(C) No. 13822 of 2020
The matter is taken up through video conferencing.
Heard Mr. Biswabihari Mohanty, learned counsel for the petitioner.
The writ petition involves a dispute with regard to transfer of the Gram Rozgar Sevakas on the premises that there is no condition for transfer of these employees looking to the service condition and nature of the works of those employees, further for being engaged in Grama Panchayat entering into an agreement by Sarpanch to work in the particular Panchayat.
Involving the similar dispute, a matter is already pending for consideration of the Division Bench in Writ Appeal No. 402 of 2017. The impugned actions involved herein are all to be guided by the ultimate decision of the Division Bench in the aforesaid Writ Appeal. Therefore, this Court finds that there is no requirement for keeping this matter pending, except disposing the matter with an observation that till the Division Bench in the above Writ Appeal takes a decision, the impugned orders involved herein may not be given effect to. The position of the petitioner as on date will be maintained till the outcome in the Writ Appeal. Any future cause of action in such matter shall be dependent on the ultimate outcome in the Writ Appeal indicated herein above.
The writ petition is accordingly disposed of.
…………….…………… (DR. B.R. SARANGI) JUDGE
Alok
1 issue framed by the court
Whether the impugned transfer orders of Gram Rozgar Sevakas can be given effect pending the Division Bench decision in a related Writ Appeal?
Colour shows how this judgement treated each authority
Writ Appeal No. 402 of 2017Referred¶6
Petitioner (unnamed)
Respondent (unnamed)
Alok
B. R. Sarangi
As recorded by the court registry
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