A review petition under Article 226 challenging a High Court order mandating regularization was dismissed as the Court found no error apparent on the face of the record. The matter relates to inclusion of name in a D.L.R. list for regularization purposes.
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RVWPET NO. 12 OF 2019
02 08.02.2021 Due to outbreak of COVID-19, this matter is taken up through Video Conferencing.
Heard Mr. Manoj Khuntia, learned Addl. Government Advocate for the State-petitioners and Mr. Mohapatra, learned counsel for the opp. party no.1.
This review petition has been filed seeking review of the order dated 09.08.2018 passed in W.P.(C) No. 11646 of 2018.
W.P.(C) No. 11646 of 2018 was filed challenging the order dated 17.05.2017 passed by the Odisha Administrative Tribunal, Bhubaneswar Bench, Bhubaneswar in O.A. No. 2753 of 2014 directing the State-petitioners to include the name of opp. party no.1 in the identified D.L.R. List as per the list prepared by the Executive Engineer, Kalahandi (R&B) Division on 12.4.1993, 20.11.2004 and recommended vide letter dated 14.11.2014 and to take consequential action for his regularization as per his seniority. In view of the finding of learned Tribunal, the writ petition filed by the State-petitioners challenging the said order dated 17.05.2017 was dismissed vide order dated 09.8.2018 holding that since the D.L.Rs who
were engaged prior to cut-off date i.e. 12.04.1993 have been regularized, hence, the opposite party No.l cannot be discriminated. This Court accordingly directed the State-petitioners for regularization of opp. party no.1.
Considering the submission made by Mr.
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Khuntia, learned Addl. Government Advocate for the State and on perusal of the order dated 09.08.2018 passed in W.P.(C) No.11646 of 2018, it appears that there is no error apparent in the order dated 09.08.2018 sought to be reviewed. Thus, the review petition does not merit consideration.
Accordingly, the RVWPET is dismissed.
Authenticated copy of this order downloaded from the website of this Court in the manner prescribed in this Courts Notice No.4587 dated 25.03.2020 shall be treated at par with the certified copy of this order.
bks
State (Odisha)
Opposite Party No. 1
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
