State of Odisha Vs Gaganeswar Behera

The present intra-court appeal has been filed putting to challenge an order dated 25.10.2019 passed in W.P.(C) No. 19974 of 2019, which reads as under:-

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“ Due to cease work call given by the Members of Orissa High Court Bar Association, none appears for the parties.

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Perused the record, The petitioner has filed this application seeking for direction to the opposite parties to regularize his service in the post of Cook-cumAttendant (Group-D) lying vacant under opposite party no.6 and grant all consequential service benefits in view of judgment passed by the apex Court in Secretary State of Karnataka and Others v. Umadevi (3) and Others (2006) 4 SCC 1.

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As it appears, the petitioner was engaged as Cookcum-Attendant (Group-D) lying vacant in Government (SSD) High School, Gunupur in the year 2007. He has already rendered more than 12 years of service under the opposite parties and seeks for regularization of service in view of judgment passed by the apex Court in Secretary State of Karnataka and Others v. Umadevi

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(3) and Others (2006) 4 SCC 1. As such, the case of the petitioner is squarely covered by the ratio decided in Secretary State of Karnataka and Others (supra).

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In such view of the matter, this Court disposes of this writ petition directing the opposite parties to consider the case of the petitioner and regularize his services keeping in view of the judgment in Secretary State of Karnataka and Others v. Umadevi (3) and Others (2006) 4 SCC 1 within a period of four months and grant consequential service benefits as due admissible to him.

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Issue urgent certified copy as per rules.”

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The appeal is barred by limitation. There is delay of 1256 days.

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Learned Additional Government Advocate challenging the impugned order has submitted that the same was passed on the very first day when the case was taken up without any opportunity to the State to file a counter affidavit with a positive direction to the State to regularize the petitioner’s service in the light of the Supreme Court’s decision in case of Secretary State of Karnataka and others Vs. Umadevi (3) and others (supra).

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We have carefully perused the impugned order dated 25.10.2019.

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In the peculiar facts and circumstances of the case, even though the impugned order was passed when there was a call given by Members of Orissa High Court Bar Association to cease work and there was no representation on behalf of the parties; in the nature of the order which has been passed by the learned Single Judge, we are inclined to dispose of the present appeal without interfering with the said order with a clarification that in terms of

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the said order of the learned Single Judge, the opposite parties are required to consider the petitioner’s case for regularization of his service in the light of Secretary State of Karnataka Vs. Umadevi (3) and others (supra) and take appropriate decision in accordance with law.

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With the aforementioned clarification, this appeal stands disposed of. The interlocutory applications are also disposed of accordingly.

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(Chakradhari Sharan Singh) Chief Justice

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(Savitri Ratho) Judge

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SK Jena/Secy.

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Signature Not Verified

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Digitally Signed Signed by: SANJAY KUMAR JENA Designation: SECRETARY Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 23-Oct-2024 14:27:00

State of Odisha v. Gaganeswar Behera

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State of Odisha v. Gaganeswar Behera

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