Ajit Kumar Barik And Others vs State Of Odisha And Others .... Opposite ... on 15 December, 2021

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Orissa High Court

Ajit Kumar Barik And Others vs State Of Odisha And Others .... Opposite ... on 15 December, 2021

Bench: B.R. Sarangi

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                               W.P. (C) No. 39318 of 2021
                                          And
                                 I.A. No. 18306 of 2021

      Ajit Kumar Barik and others        ....                           Petitioners
                                                      Mr. M. Mishra, Sr. Advocate
                                          -Versus -
      State of Odisha and others         ....                      Opposite Parties




                       CORAM:
                        DR. JUSTICE B.R. SARANGI
                                          ORDER

15.12.2021 Order No. This matter is taken up through hybrid mode.

2. The petitioners have filed this writ petition seeking to quash the letter no.15554 dated 12.11.2021 under Annexure-10, and to issue direction to the opposite parties to regularize their service from the date of completion of six years as per the Government Works Department Resolution no.16200 dated 22.09.2008 which has been done in case of Diploma Engineers (Civil) working in other departments and grant all consequential service benefits within a stipulated time.

3. Mr. M. Mishra, learned Senior Counsel appearing along with Mr. T. Mishra, learned counsel for the petitioner contended that vide letter dated 12.11.2021 under Annexure-10 the Addl. Secretary to Government has intimated the vacancy position of the Water Resources Department wherein it has been indicated that there are availability of 440 vacancies out of which ST-143, Page 1 of 2 SC-40, SEBC-00 and UR-257. Therefore, the petitioners those who are rendering service and completed six years of service, they are entitled to be regularized against the vacancies made available. But instead of doing so, the opposite parties are going to fill up the posts by fresh recruitment, which will cause prejudice to the petitioners and, as such, by this process, their services may not be regularized by the authority.

4. Issue notice to the opposite parties in the main case as well as in the interlocutory application.

5. Five extra copies of the writ petition be served on learned State Counsel appearing for opposite parties no.1 to 5 within three days enabling him to obtain instructions or file counter affidavit.

Ashok                                                (Dr. B.R. Sarangi)
                                                          Judge




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