Orissa High Court
Pradeep Kumar Patnaik vs State Of Odisha & Ors. ..... Opposite ... on 28 August, 2023
Bench: B.R. Sarangi, Murahari Sri Raman
1
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P (C) No.7412 of 2023
Pradeep Kumar Patnaik ..... Petitioner
Mr. B. Routray, Sr. Advocate
Along with Mr. J. Biswal, Advocate
Vs.
State of Odisha & Ors. ..... Opposite Parties
Mr. S.S. Kanungo, AGA
CORAM:
DR. JUSTICE B.R. SARANGI
MR. JUSTICE MURAHARI SRI RAMAN
ORDER
28.08.2023 W.P.(C) No.7412 of 2023 And I.A. No.3321 of 2023 Order No. This matter is taken up through hybrid mode.
12. Heard Mr. B. Routray, learned Senior Counsel along with Mr. J. Biswal, learned counsel appearing for the petitioner.
3. The petitioner has filed this writ petition seeking to quash the notification dated 06.01.2023 under Annexure-7, by which the Governor of Odisha, in exercise of power conferred under Rule-44 of the Orissa Superior Judicial Service and Orissa Judicial Service Rules, 2007, has been pleased to retire the petitioner from Government service with immediate effect giving him three months' pay & allowances (Pay, I.R. and D.A) in lieu of three months' notice as prescribed in the aforesaid Rules.
4. Mr. B. Routray, learned Senior Counsel appearing for the petitioner contended that, as because the petitioner granted promotion to 13 Stenographers on upgradation in compliance of 2 the report of the Justice Shetty Commission, he has been subjected to action by the authority, whereas the communication was made by the Registry of this Court on 21.12.2022 stating that same benefit can be granted by way of DPC. It is contended that the notification dated 06.01.2023 under Annexure-7 cannot be sustained in the eye of law and contended that it is compulsory retirement from service. To substantiate his contentions he has relied upon Epari Vasudeva Rao v. State of Odisha, 2014(II) OLR 381 : 2014(II)ILR-CUT-297 :
118(2014)CLT 691.
5. Issue notice to the opposite parties both in main case and Interlocutory Application.
6. Let three extra copies of the writ petition be served on Mr. S.S. Kanungo, learned Additional Government Advocate within three days, as he appears for opposite parties no.1 to 3 to enable him to obtain instructions or file counter affidavit.
(DR. B.R. SARANGI)
JUDGE
Alok (M.S. RAMAN)
JUDGE
Signature Not Verified
Digitally Signed
Signed by: ALOK RANJAN SETHY
Designation: Secretary
Reason: Authentication
Location: Orissa High Court
Date: 29-Aug-2023 11:15:43