Ganeswar v. State
Case brief
What is this about?
Petitioner, a long-serving temporary agent not regularised despite junior colleagues succeeding him, challenged retrenchment. Court declined to quash retrenchment or order regularisation due to age but awarded Rs. 75,000 as relief in interest of justice.
What did the court decide?
Payment of Rs. 75,000 to be released within 15 days.
What the court decided
IN THE HIGH COURT OF ORISSA AT CUTTACK
O.J.C. NO.13996 OF 1996
In the matter of an application under Articles 226 & 227 of the Constitution of India
Ganeswar Patra
…. Petitioner
-versus-
State of Orissa, represented through …. Opposite Parties
the Secretary, Forest & Environment
Department & Ors.
.
For Petitioner : Mr. P.K.Khuntia, Advocate
For Opp.Parties: Mr.S.K.Pattanaik. Sr.Advocate
J U D G M E N T
PRESENT:
THE HONOURABLE MR.JUSTICE BISWANATH RATH
Date of Hearing: 10.03.2022 Date of Judgment:23 .03.2022
- Writ petition involves a direction in the nature of writ of mandamus directing opposite parties to regularise the services of the petitioner at least from the dates juniors to him have been regularised, on quashing of Annexures- 7, 9 and 10, declaring the retrenchment illegal and also disbursing equal pay for equal work with release of differential arrear salary within specific time.
Issues for consideration
3 issues framed by the court
Whether the petitioner, a temporary agent working for over 20 years without regularisation, is entitled to specific relief given he is beyond the age of re-employment.
Whether the retrenchment of the petitioner was arbitrary considering he had completed over 20 years of service and colleagues junior to him were regularised.
What financial relief, if any, is appropriate to meet the petitioner's future needs when specific relief regarding regularisation or reinstatement is not possible.
Parties & counsel
- petitioner
GANESWAR PATRA
- respondent
STATE OF ORISSA
Coram
BISWANATH RATH
Case details
As recorded by the court registry
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