Orissa High Court
Manoranjan Sahu & Ors vs State Of Odisha & Ors ...... Opp. Parties on 10 February, 2023
Bench: S. Talapatra, Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.2721 of 2023
Manoranjan Sahu & Ors. ......... Petitioners
Mr. Biplab P.B. Bahali, Adv.
-Versus-
State of Odisha & Ors ...... Opp. Parties
Ms. S. Patnaik, AGA.
CORAM:
JUSTICE S. TALAPATRA
JUSTICE SAVITRI RATHO
ORDER
10.02.2023 Order No.
02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. Heard Mr. Biplab P.B. Bahali, learned counsel appearing for the petitioner.
3. By means of this petition, the petitioner has challenged the proviso that has been added after the second proviso to Rule 2 of the Odisha Civil Service (Fixation of Upper Age Limit) Rules, 1989. The said proviso which has been incorporated by the Odisha Civil Services (Fixation of Upper Age Limit) 2nd Amendment Rules, 2022 reads as follows:
"Provided further that for advertisements made during calendar years 2021, 2022 and 2023, the said upper age limit shall be thirty- eight years."
4. Issue notice.
25. Notice is made returnable on 09.03.2023.
6. Since Ms. S. Patnaik, learned Addl. Government Advocate appears and waives notice for the Opposite Parties, no formal notice is called for.
7. Mr. Bahali, learned counsel shall furnish two extra copies of the writ petition to Ms. S. Pattnaik, learned Addl. Government Advocate in the course of the day.
(S. Talapatra) Judge (Savitri Ratho) Judge I.A. No.1253 of 2023
03. 1. Heard Mr. Biplab P.B. Bahali, learned counsel appearing for the applicant and Ms. S. Patnaik, learned Addl. Government Advocate appearing for the Opposite Parties.
2. By means of this application, the applicant has prayed for staying the operation of the advertisement under Annexure-2 to the writ petition.
3. Issue notice.
4. Notice is made returnable on 09.03.2023.
5. Having appreciated the submission of Mr. Bahali, learned counsel, we are of the view that we cannot pass any stay order against the advertisement under Annexure-2 to the writ petition. But as interim measure, the Opposite Parties are directed to not proceed further with the said selection process until the next date.
36. Since the notice has been accepted by Ms. S. Patnaik, learned Addl. Government Advocate, no formal notice is called for.
7. Mr. Bahali, learned counsel shall supply one additional copy of this Interlocutory Application to Ms. S. Patnaik, learned Addl. Government Advocate in the course of the day.
8. A free copy of this order be supplied to Ms. S. Patnaik, learned Addl. Government Advocate.
(S. Talapatra)
Judge
(Savitri Ratho)
Rati Ranjan Judge