Disposed¶32

Manas Kumar Mishra v. State of Odisha

Orissa HC23 Aug 2024WP(C)/25327/2022

Case brief

AI extract

What is this about?

Orissa High Court; W.P.(C) No.25327 of 2022; Manas Kumar Mishra v. State of Orissa and Director of Horticulture, Odisha; post of Gardener abolished; Office Order No.7115 dated 11.07.2022; rejection of representation for appointment; analogous disposal with W.P.(C) No.25323 of 2022; antecedent order dated 29.03.2022 in WPC (OAC) No.448 of 2014; Gardener/Horticulture Extension Worker; preference and upper-age relaxation at par with 12 Trainee Candidates; RTI information dated 24.01.2012 (Annexure-3 series); Articles 226 and 227; writ of mandamus; disposed 23.08.2024.

What did the court decide?

Writ petition disposed of on 23.08.2024 in the same terms as the Order passed that day in W.P.(C) No.25323 of 2022; the substantive relief is contained in that companion order and is not restated in this judgment. ¶32

Manas Kumar Mishra Vs State of Odisha — Writ and Judicial Review | Orissa HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ petition should be allowed by issuing a writ of mandamus quashing the Order dated 11.07.2022 passed by the Director of Horticulture, Odisha (Annexure-8), and directing the opposite parties to consider and appoint the petitioner against the post of Gardener/Horticulture Extension Worker with preference, taking into consideration his training qualification and relaxing his upper age limit at par with the 12 Trainee Candidates appointed against the post of Gardeners.

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Court's answer

In view of the conceded position — the petitioner having agreed to abide by the decision in the identically-framed W.P.(C) No.25323 of 2022 and the opposite parties raising no objection — this writ petition stands disposed of in the same terms as the Order passed on 23.08.2024 in W.P.(C) No.25323 of 2022.

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Detailed headnote1 paragraphs

Orissa High Court, Cuttack (Murahari Sri Raman, J.) — W.P.(C) No.25327 of 2022, decided 23.08.2024. Petitioner Manas Kumar Mishra challenged Office Order No.7115 dated 11.07.2022 of the Director of Horticulture, Odisha (Annexure-8), whereby his representation for appointment in the post of Gardener under the Directorate of Horticulture — made in pursuance of the direction in the Order dated 29.03.2022 in WPC (OAC) No.448 of 2014 — was rejected on the ground that the post had already been abolished. He sought a writ of mandamus quashing that order and directions to appoint him as Gardener/Horticulture Extension Worker with preference, regard to his training qualification and upper-age relaxation at par with 12 Trainee Candidates appointed as Gardeners, per information obtained under the Right to Information Act on 24.01.2012 (Annexure-3 series). Taken up for analogous hearing with W.P.(C) No.25323 of 2022; petitioner consented to abide by the decision therein and the Additional Government Advocate raised no objection. The Court disposed of this petition in the same terms as the Order passed on 23.08.2024 in W.P.(C) No.25323 of 2022.

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ORISSA HIGH COURT : CUTTACK

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W.P.(C) No.25327 of 2022

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In the matter of an Application under Articles 226 and 227 of the Constitution of India, 1950

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Manas Kumar Mishra Aged about 42 years Son of Pravakar Mishra At: Amaranga, P.O.: Salanga District: Puri. … Petitioner.

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-VERSUS-

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1. State of Orissa Represented through Principal Secretary to Government in Agriculture and Farmers’ Empowerment Department At: Secretariat Building Bhubaneswar, District: Khordha.

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2. Director of Horticulture, Odisha Bhubaneswar At: Heads of the Department Building At/P.O.: Bhubaneswar District: Khordha … Opposite Parties.

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Counsel appeared for the parties:

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For the Petitioner : M/s. Kunal Kumar Swain, Premananda Mohanty,

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W.P.(C) No.25327 of 2022

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Page 1 of 4

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U. Chhotray, Kaushik Swain, Advocates

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For the Opposite parties : Mrs. Saswata Pattnaik, Additional Government Advocate

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P R E S E N T:

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HONOURABLE MR. JUSTICE MURAHARI SRI RAMAN

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Date of Hearing : 16.08.2024 :: Date of Order

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: 23.08.2024

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ORDER

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Challenging the Office Order No.7115, 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.448 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):

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“Under the above circumstances, it is humbly prayed that the writ petition may be allowed;

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And

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W.P.(C) No.25327 of 2022

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Page 2 of 4

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(A) a writ of mandamus or an appropriate writ may be issued quashing the Order dated 11.07.2022 passed by the Director of Horticulture, Odisha, 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;

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(B) And any other order/orders or direction/directions may be issued to as to give complete relief to the petitioner;

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And for this act of kindness, the petitioner shall as in duty bound remain ever pray. ”

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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.

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W.P.(C) No.25327 of 2022

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Page 3 of 4

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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.

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(MURAHARI SRI RAMAN) JUDGE

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High Court of Orissa, Cuttack The 23^th August, 2024//Aswini/Laxmikant

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Signature Not Verified

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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

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W.P.(C) No.25327 of 2022

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Page 4 of 4

Manas Kumar Mishra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Manas Kumar Mishra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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