Disposed¶21

Pratap Kumar Meher v. State of Odisha

Orissa HC23 Aug 2024WP(C)/20219/2024

Case brief

AI extract

What is this about?

GRS absorption as Accountant-cum-Data Entry Operator; Odisha Accountant-cum-Data Entry Operator (Method of Recruitment and Conditions of Service) Rules, 2024; vigilance case pendency; Bolangir; representation to Collector-cum-CEO, Zilla Parishad; Ashis Kumar Debta W.P.(C) No. 5838 of 2024 relied on; writ petition disposed of with directions; Pratap Kumar Meher; W.P.(C) No. 20219 of 2024; Orissa High Court; Sashikanta Mishra.

What did the court decide?

Liberty to submit a representation before the Collector-cum-CEO, Zilla Parishad, Balangir within two weeks with a copy of the Ashis Kumar Debta judgment; the Collector to consider it in the light of that judgment and pass necessary orders in the petitioner's favour if found otherwise eligible, within a further period of one month. ¶21

Pratap Kumar Meher Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether the petitioner's case for absorption/appointment as Accountant-cum-Data Entry Operator (in parity with the 195 GRSs already absorbed in Bolangir district) should be considered notwithstanding the pendency of a vigilance case against him.

¶18

Court's answer

Since no decision on the petitioner's claim had yet been taken, the writ petition is disposed of, granting him liberty to submit a representation before the Collector-cum-CEO, Zilla Parishad, Balangir within two weeks along with a copy of this Court's judgment in Ashis Kumar Debta (supra).

¶20

Ratio / Principle

If the representation is submitted within the stipulated period, the Collector shall consider it in the light of this Court's judgment and pass necessary orders in favour of the petitioner, if he is otherwise found eligible, within a further period of one month.

¶20

Detailed headnote1 paragraphs

W.P.(C) No. 20219 of 2024, High Court of Orissa at Cuttack (Sashikanta Mishra, J.), decided 23.08.2024 — DISPOSED OF. The petitioner, working as GRS in Mahupati Gram Panchayat, Tureikela Block, Bolangir since 17.12.2007 with a performance report endorsed as satisfactory on 14.03.2024, complained that although 195 GRSs of Bolangir district were absorbed and appointed as Accountant-cum-Data Entry Operator vide the Collector-cum-CEO, Zilla Parishad, Balangir's order dated 24.07.2024, his case was not considered, allegedly owing to a pending vigilance case. Invoking this Court's earlier interpretation of the Odisha Accountant-cum-Data Entry Operator (Method of Recruitment and Conditions of Service) Rules, 2024 in Ashis Kumar Debta (W.P.(C) No. 5838 of 2024, disposed of 09.07.2024), the Court granted liberty to submit a representation before the Collector-cum-CEO, Zilla Parishad, Balangir within two weeks along with that judgment, directing the Collector to consider it in the light of that judgment and pass necessary orders in the petitioner's favour if otherwise found eligible, within a further period of one month.

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

W.P.(C) No. 20219 of 2024

¶3

Pratap Kumar Meher

.....

Petitioner

Mr. J. Sahu, Adv.

-Versus-

State of Odisha & Others

¶9

..... Opp. Parties Addl. Government Advocate

¶10

CORAM:

¶11

THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA

ORDER 23.08.2024

Order No.

01.

This matter is taken up through hybrid mode.

¶16

Heard learned counsel for the petitioner and learned Addl. Government Advocate for the State.

¶17

The petitioner has been working as GRS in Mahupati Gram Panchayat under Tureikela Block in the district of Bolangir since 17.12.2007. A performance report was forwarded by the BDO to the CDO-cum-Executive Officer, Zilla Parishad, Balangir on 14.03.2024 in his favour endorsing the same as satisfactory. In spite of the above, as many as 195 GRSs of different Gram Panchayats in the district of Bolangir have been absorbed and appointed as Accountant-cum-Data Entry Operator as per order dated 24.07.2024 of the Collector-cumCEO, Zilla Parishad, Balangir.

¶18

The petitioner’s grievance is that his case has not been considered, which he believes to be because of the pendency of a vigilance case against him. In this regard, he cites a judgment passed by this Court in the case of Ashis Kumar Debta vs. State of Osisha & Ors. (W.P.(C) No. 5838 of 2024, disposed of on 09.07.2024), wherein the provision of the Odisha Accountant-cum-Data Entry Operator (Method of Recruitment and Conditions of Service) Rules, 2024 have been interpreted.

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¶20

Since no decision on the claim of the petitioner has yet been taken, the writ petition is disposed of granting liberty to the petitioner to submit a representation before the Collector-cum- CEO, Zilla Parishad, Balangir within two weeks along with copy of the judgment passed by this Court in the case of Ashis Kumar Debta ( supra). On such representation being submitted within the period stipulated, the Collector shall consider the same in the light of the judgment passed by this Court and pass necessary orders in favour of the petitioner, if he is otherwise found to be eligible within a further period of one month.

¶21

The writ petition is disposed of.

¶22

A.K. Rana

¶23

(Sashikanta Mishra) Judge

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Signature Not Verified

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Digitally Signed Signed by: AJAYA KUMAR RANA Designation: PERSONAL ASSISTANT Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 23-Aug-2024 18:34:23

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Pratap Kumar Meher v. State of Odisha

Case brief

What is this about?

What did the court decide?

Pratap Kumar Meher v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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