Orissa High Court
Unknown vs W.P.( C.M.P on 29 May, 2020
Author: Biswanath Rath
Bench: Biswanath Rath
W.P.( C.M.P.
W.P.(C).
No.1360
No.12016
of 2015
of 2020
3 29.05.2020 Heard learned counsel for the petitioner and Sri B.Senapati,
the learned Additional Government Advocate for the State.
Fact involving the writ petition is that petitioner was appointed
as ad-hoc Lecturer in Junior level, vide Annexure-2 with specific
condition indicated therein. Her service was also extended lastly,
vide Annexure-6 again, however with certain stipulation there.
Neither the condition in the initial appointment order, vide
Annexure-2 nor have the further stipulations ever been
challenged. Thus, the petitioner stood estopped from challenging
the conditions impugned imposed in 2014 and that too after
enjoying the post for almost six years. For her completion of six
years of service seeking application of provision in Odisha
Group-B post (Contractual Appointment) Rules, 2013, petitioner
sought for regularization of her service in the post she is holding.
Learned State Counsel while objecting to such request also
submits that from the pleadings, it does not appear if such posts
are already covered under the advertisement of the OPSC in the
month of February, 2020 and it appears, the petitioner has
suppressed this aspect. Considering that the writ petition confines
to the claim for regulation, it appears, instead of approaching the
competent authority, the petitioner has straight way approached
this Court.
In the circumstance and in the event the post held is not
advertised for regular appointment and no selection is made in
in the meantime, the opposite party no.1 is directed to treat the
writ petition as representation at the instance of the petitioner and
take decision on the request of the petitioner and complete the
entire exercise within a period of six weeks from the date of
communication of copy of this order along with copy of the writ
petition by the petitioners. O.P.1 while considering the case of the
-2-
petitioner for regularization shall also look into the applicability of
the above Rule to the case of the petitioner at hand. In the
meantime, if the post is not filled up through regular selection,
competent authority may also take decision for continuance of the
petitioner till regular absorption of the vacancies at least.
The writ petition stands disposed of with the observation
and direction made hereinabove.
..................................
BISWANATH RATH,J sks