Gopal Bag v. State of Orissa
Case brief
What is this about?
The Court disposed of a writ petition regarding the transfer of Gram Rozgar Sevaks by staying the impugned orders until a related pending Writ Appeal before the Division Bench is decided.
What did the court decide?
The impugned orders may not be given effect to until the pending Writ Appeal No. 402 of 2017 is disposed of.
What the court decided
W.P.(C) No. 28891 of 2019
- 26.02.2021 The matter is taken up through hybrid arrangement (virtual/physical mode).
Heard Mr. S.K. Dalai, learned counsel for the petitioner and Mr. R.P. Mohapatra, learned Addl. Government Advocate.
The writ petition involved a dispute with regard to transfer of the Gram Rozgar Sevaks on the ground 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 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, there is no requirement for keeping this matter pending except disposing the matter with an observation that till the Division Bench takes a decision in the above Writ Appeal, 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 hereinabove.
A copy of this order be handed over to the learned counsel for the State for necessary information to the competent authority.
Ashok
…..…………………….. Dr. B.R. Sarangi, J.
Issues for consideration
1 issue framed by the court
Whether the order in the present writ petition can be disposed of in the absence of the pending Division Bench decision in the related Writ Appeal.
Parties & counsel
- petitioner
Ashok
- respondent
State
Coram
Dr. B.R. Sarangi
Case details
As recorded by the court registry
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