Petitioner sought quashing of an order rejecting his claim for appointment as Gardener under the Directorate of Horticulture. Counsel stated identical relief was sought in W.P.(C) No.25323 of 2022 and agreed to abide by its outcome; State raised no objection. The writ petition was disposed of in the same terms as that order.
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ORISSA HIGH COURT : CUTTACK
W.P.(C) No.25325 of 2022
In the matter of an Application under Articles 226 and 227 of the Constitution of India, 1950
Maheswar Rana Aged about 43 years Son of Kirtan Rana At: Karlabed, P.O.: Meriabandhli Via: Junagarh District: Kalahandi. … Petitioner.
-VERSUS-
1. State of Orissa Represented through Principal Secretary to Government in Agriculture and Farmers’ Empowerment Department At: Secretariat Building Bhubaneswar, District: Khordha.
2. Director of Horticulture, Odisha Bhubaneswar At: Heads of the Department Building At/P.O.: Bhubaneswar District: Khordha … Opposite Parties.
Counsel appeared for the parties:
For the Petitioner : M/s. Kunal Kumar Swain, Premananda Mohanty, U. Chhotray, Kaushik Swain, Advocates
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For the Opposite parties : Mrs. Saswata Pattnaik, Additional Government Advocate
P R E S E N T:
HONOURABLE MR. JUSTICE MURAHARI SRI RAMAN
Date of Hearing : 16.08.2024 :: Date of Order
: 23.08.2024
ORDER
Challenging the Office Order No.7119, dated 11.07.2022 passed by the Director of Horticulture, Odisha, Bhubaneswar-opposite party No.2 under Annexure-8, wherein the representation of the petitioner for appointment in the post of Gardener under the Directorate of Horticulture in pursuance of direction contained in the Order dated 29.03.2022 passed in WPC (OAC) No.1270 of 2014 has been rejected on the ground that the said post has already been abolished, the petitioner has come up before this Court craving to for exercise of extraordinary power under Articles 226 & 227 of the Constitution of India with the following prayer(s):
“Under the above circumstances, it is humbly prayed that the writ petition may be allowed;
And
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Bhubaneswar under Annexure-8 and necessary direction may be made to the opposite parties to consider the case of the petitioner and appoint him against the post of Gardener/Horticulture Extension Worker by giving him preference and also by taking into consideration his training qualification by relaxing his upper age limit at par with 12 Trainee Candidates, who were given appointment against the post of Gardeners as per the information obtained by the petitioner under the Right to Information Act on 24.01.2012 under Annexure-3 series, within a time to be stipulated by this Hon’ble Court;
And for this act of kindness, the petitioner shall as in duty bound remain ever pray. ”
2. This matter was taken up for analogous hearing with W.P.(C) No.25323 of 2022 on 16.08.2024. On conclusion of arguments in the said case, the learned counsel for the petitioner herein submitted that instant writ petition has been filed seeking identical relief. Being similarly situated, the petitioner herein would abide by the decision rendered in said W.P.(C) No.25323 of 2022.
3. To this, Smt. Saswata Pattnaik, learned Additional Government Advocate appearing for the opposite parties raised no objection.
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4. In view of such conceded position, this writ petition stands disposed of in the same terms contained in the Order passed today (23.08.2024) in W.P.(C) No.25323 of 2022.
(MURAHARI SRI RAMAN) JUDGE
High Court of Orissa, Cuttack The 23th August, 2024//Aswini/Laxmikant
Signature Not Verified
Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 23-Aug-2024 14:28:19
W.P.(C) No.25325 of 2022
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1 issue framed by the court
Whether the petitioner, seeking appointment to the abolished post of Gardener on parity with W.P.(C) No.25323 of 2022, is entitled to the same relief.
2 provisions across 1 enactments
Maheswar Rana
State of Orissa represented through Principal Secretary to Government in Agriculture and Farmers' Empowerment Department
Director of Horticulture, Odisha, Bhubaneswar
Murahari Sri Raman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
