Saumya Ranjan Sahoo Vs Manoj Ahuja, Chief Secy., G.A and P.G Dept.

6. A similar issue had arisen before this Court in the case of Priyadarsinee Sahoo and Others vrs. State of Odisha and Another (W.P.(C) No. 12179 of 2023) in relation to similar Rules namely Odisha Forest Service, Group-B (Recruitment and Condition of Service) (Amendment) Rules, 2024. The said writ petition, in view of the amendment in the said Rules has been disposed of by us, by an order dated 06.05.2024. We are of the view

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that the petitioners' case is squarcb covered by the obsenations made in the said decision in case of Priyadarsinee Sahoo (supra).

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7. The writ application stands disposed of accordingly”.

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Dr. Mishra, learned counsel for the Petitioners further drew attention to the order passed in the case of Priyadarsinee Sahoo and Others vrs. State of Odisha and Another (W.P.(C) No. 12179 of 2023). The writ petition was disposed of with the following observations:-

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“xxx xxx xxx

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4. The vires of Rule 15 has been put to challenge in the present writ application to the extent it provided for grant of stipend only in place of salary for the training period and the effect of Sub-rule (4) of the said Rules, whereby the period of training was not to be taken into account, for computation of the period of service. An affidavit has been filed on behalf of the State of Odisha, wherein it has been stated that the State Government has amended Rule 15 suitably vide the Odisha Forest Service, Group-B (Recruitment and Condition of Service) (Amendment), Rules 2024 (for short, “the Rules, 2024”) and with the issuance of said amendment Rules, Rule 15 has been amended vide notification dated 13.03.2024 published in the Official Gazette on 15.03.2024, wherein it has been provided that the finally selected candidate shall be required to undergo two years’ training in a recognized Forest College to obtain the Diploma in Forestry and during the training, the trainee shall be paid salary and others allowances as admissible, from time to time. It is the stand of the State that since prayer made in the writ application has already been considered by the State Government by amending relevant provisions of Rule 15 by allowing the trainees to get salary and other allowances during the training period as admissible by the Govt. of Odisha from time to time, this writ application has become infructuous. It is the stand on behalf of the State of Odisha that the present writ application may be disposed of as having become infructuous in view of the amended provisions under the Odisha Forest Service, Group-B (Recruitment and Condition of Service) (Amendment), Rules 2024.

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5. Learned counsel appearing on behalf of the petitioners has raised an apprehension that the petitioners may not get the benefit of the amendment made in 2024 and they may be denied of the benefits as the Amendment Rules, 2024 has been made effective from the date of publication in the Odisha Gazette. He has submitted that since the said amendment is merely clarificatory in nature, this Court may require the State Government to implement the amended provisions in case of these petitioners. He has placed reliance on Supreme Court’s decision in case of Puneet Sharma and others Vs. Himachal Pradesh State Electricity Board Limited and another; (2021)16 Supreme Court Cases 340 with a special reference to paragraphs 35 to 39 thereof.

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6. In view of the clear stand taken on behalf of the State of Odisha and in view of the said Rules, 2024, the writ application has become infructuous, we dispose of the writ application with an observation that the petitioners shall be entitled to the benefits arising out of amended Rule 15 by virtue of the Odisha Forest Service, Group-B (Recruitment and Condition of Service) (Amendment), Rules 2024. 7. The writ application stands disposed of accordingly”.

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It is submitted by Dr. Mishra, learned counsel for the Petitioners that the Authority is not taking any step in terms of the amended Rule 13 of Odisha Forest Service, Group-A (Jr. Branch) (Recruitment and Condition of Service) (Amendment), Rules 2024. Hence, this CONTC has been filed.

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Mr. Dash, learned Additional Standing Counsel submits that as such there is no direction either in W.P.(C) No.16708 of 2024 or W.P.(C) No.12179 of 2023 to act upon in terms of the amended Rules within a particular period. He, therefore, submits that no contempt is made out, as there is no specific direction for compliance.

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In view of such submission, Dr. Mishra, learned counsel for the Petitioners prays for withdrawal of the CONTC to work out remedy in accordance with law.

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Taking into consideration the submission of Dr. Mishra, learned counsel for the Petitioners, the CONTC is disposed of as withdrawn with an observation that the Petitioner, if so advised, may work out remedy in accordance with law.

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(K.R. Mohapatra) Judge

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(Savitri Ratho)

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Judge

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Himansu

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Signature Not Verified

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Digitally Signed Signed by: HIMANSU SEKHAR DASH Reason: Authentication Location: OHC Date: 21-Jul-2025 13:03:47