The High Court dismissed the present Writ Petition filed by State functionaries challenging the Odisha Administrative Tribunal. The court applied the principle of estoppel and similar facts established in W.P.(C) No.15844 of 2020 to dismiss the petition as devoid of merit.
The writ petition stands dismissed being devoid of any merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(C) NO.15846 OF 2020
Heard learned Addl. Government Advocate for the petitioners.
02 This Writ Petition has been filed by the State functionaries challenging the order dated 23.02.2018 passed by the learned Odisha Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.251 (C) of 2015.
BP
“Thus, while issuing letter dated 28.04.2010, due care has been taken by the Government protecting the seniority of the persons, who had got promotion by then. After the orders passed in O.A. Nos.458(C) and 459(C) of 2011, which has never been challenged, learned Additional Government Advocate is estopped to challenge its legality in this writ petition. We also find no infirmity in the said letter dated 28.04.2010. The opposite party was appointed against a sanctioned post with regular scale of pay being selected through a selection process. Service book of the opposite party was opened and he has been receiving all financial benefits as that of a regular
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employee. Thus, for all purposes, the opposite party is continuing as a regular employee, save and except being regularized by a formal order. Taking into consideration the same, the State Government in the Department of Labour and Employment, issued letter dated 28.04.2010.
8. In view of the discussions made above, we find no infirmity in the impugned order under Annexure-3. Accordingly, the writ petition being devoid of any merit stands dismissed.”
S.Panda, J.
K.R.Mohapatra, J.
2 issues framed by the court
Whether the present Writ Petition should be disposed of in light of the order dated 09.09.2020 in W.P.(C) No.15844 of 2020.
Whether the impugned order of the Odisha Administrative Tribunal deserves to be allowed given the precedent in W.P.(C) No.15844 of 2020.
Colour shows how this judgement treated each authority
W.P.(C) No.15844 of 2020Referred¶5
State functionaries
Opposite party
S.Panda
K.R.Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
