Rabindranath Patra Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Rabindranath Patra Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty granted to the petitioner to approach the Collector, Ganjam with a representation within two weeks; the Collector to consider the representation in accordance with law, pass appropriate order, and finally dispose of it within four weeks thereafter.

Issue for consideration

Whether the petitioner, a Gram Rojgar Sevak whose case for absorption as Accountant-cum-Data Entry Operator under the 2024 Rules was earlier not considered due to a pending Lokayukta case, should now be reconsidered for absorption in view of the Government clarification dated 18.07.2024, notwithstanding that seven similarly placed employees have already been absorbed.

Court's answer

In view of the submissions and the Government clarification, the petitioner should first approach the Collector by submitting a representation highlighting his grievance.

Ratio / Principle

If the representation is submitted within the stipulated period (two weeks), the Collector, Ganjam shall consider it in accordance with law and pass appropriate order.

Key takeaways

The representation shall be finally disposed of within four weeks thereafter.ratio¶5

Detailed headnote1 paragraphs

Writ petition disposed of with liberty. The petitioner, working as Gram Rojgar Sevak, claimed eligibility for absorption as Accountant-cum-Data Entry Operator under the Odisha Accountant-cum-Data Entry Operator (Method of Recruitment & Conditions of Service) Rules, 2024. His case was earlier not considered owing to pendency of a case against him before the Lokayukta, Odisha; however, by letter dated 18.07.2024 the Government clarified that such pendency is not a bar to selection if the GRS is otherwise eligible as per the criteria in the Rules. Despite this, his name was not reconsidered although seven similarly placed employees were absorbed in regular posts as per order dated 21.08.2024. Holding that the petitioner should first approach the Collector, the High Court disposed of the writ application granting liberty to submit a representation within two weeks; the Collector, Ganjam was directed to consider it in accordance with law, pass appropriate order, and finally dispose of the representation within four weeks thereafter.

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No. 1760 of 2025

Rabindranath Patra `…. Petitioner Represented by Mr. S.Mohanty, Advocate -Versus - State of Odisha & Ors …. Opposite Parties Represented by Mr. S.N.Pattnaik, AGA

CORAM: JUSTICE SASHIKANTA MISHRA

Order No. 01.

ORDER_ 24.01.2025

1. This matter is taken up through hybrid mode.

The petitioner is working as Gram Rojgar Sevak. He claims to be eligible for absorption as Accountant-cum-Data Entry Operator as per the “Odisha Accountant-cum-Data Entry Operator (Method of Recruitment & Conditions of Service) Rules, 2024”. His case was not considered earlier as a case was pending against him before the Lokayukta, Odisha. Subsequently, the Government by letter dated 18.07.2024 clarified that pendency of Lokayukta case against the GRS is not a bar for the selection to the post of Accountant-cum- Data Entry Operator, if he is otherwise eligible as

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per the criteria of selection enumerated in the said Rules.

The grievance of the petitioner is that despite such clarification his name was not reconsidered for absorption though seven similarly placed employees have been absorbed in the regular post as per order dated 21.08.2024.

Considering the submissions as above and in view of the clarification issued by the Government referred to above, this Court is of the view that the petitioner should first approach the Collector by submitting a representation highlighting his grievance.

The writ application is therefore, disposed of granting liberty to the petitioner to approach the Collector with a representation within two weeks from today. If such representation is submitted within the stipulated period, the Collector, Ganjam shall consider the same in accordance with law and pass appropriate order. The representation shall be finally disposed of within four weeks thereafter.

( Sashikanta Mishra) Judge

deepak

Signature Not Verified

Digitally Signed Signed by: DEEPAK PARIDA Reason: Authentication Location: OHC,Cuttack Date: 27-Jan-2025 11:06:11

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