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2025 DAILYLAW 22475 (ORI)

SATYA SOURABHA MAHARANA v. REGISTRAR OF COOPERATIVE SOCIETIES ODISHA

WP(C)/7534/2025 · 2025-03-17

Aditya Kumar Mohapatra

Writ Petition (Civil)body2025

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.7534 of 2025 Satya Sourabha Maharana ..... Petitioner Represented By Adv. - Shakti Datta Tripathy -versus- Registrar Of Cooperative Societies Odisha and others ..... Opposite Parties Smt. S. Nayak, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 17.03.2025 Order No. 01. 1. This matter is taken up through Hybrid mode. 2. Heard learned Counsel appearing for the Petitioner. Perused the writ application. 3. Instant writ petition is filed by the petitioner for a direction to the opposite parties and in particular, opposite party Nos.2 to 4 to regularize his service in the post of Assistant Clerk-cum-Cashier in the light of decision in W.P.(C) No.19951 of 2020 confirmed in W.A. No.777 of 2021 as well as order dated 14th July, 2023 in W.P (C) No.20939 of 2023 upheld in W.A. No. 2364 of 2023 on the grounds stated therein. 4. Mr. Tripathy, learned counsel for the petitioner would submit that the case of the petitioner is squarely covered by the decision of this Court as per order dated 14th July, 2023 in W.P.(C) No.20939 of 2023 confirmed by order dated 14th November, 2023 in W.A. Page 2 of 3. No.2364 of 2023, hence, therefore, necessary direction is required to be issued to opposite party Nos.2 and 4 to consider regularization of his service. 5. Mr. Pati, learned ASC for the State, however, submits that in an identical matter, a decision in Patitapaban Dutta Dash and others Vrs. State of Odisha and others disposed of on 9th September, 2021 in W.P.(C) No.19951 of 2020 is pending consideration of the Apex Court. In reply and response to the above, Mr. Tripathy, learned counsel for the petitioner submits that there has been no stay by the Apex Court in the said matter, hence, in the light of decision as per order dated 14th July, 2023 in W.P (C) No.20939 of 2023 confirmed by this Court vide order dated 14th November, 2023 in W.A. No.2364 of 2023, necessary direction may perhaps be issued to opposite party Nos.2 and 4 to consider regularization of service of the petitioner engaged through an outsourced agency vide Annexure- 1. 6. Recording the submissions of learned counsel for the respective parties and taking judicial notice of a decision in Patitapaban Dutta Dash (supra) with the admission that there has been no stay by the Apex Court of the said order and as in the meantime, this Court allowed such regularization to be carried out as per order dated 14th July, 2023 in W.P (C) No.20939 of 2023 confirmed in W.A. No. 2364 of 2023, the petitioner being similarly situated, the Court is of the view that such regularization as has been pleaded for by him, is required to be duly examined by opposite party Nos.2 and 3 followed by a decision within a stipulated period. 7. In the result, the writ petition stands disposed of with a direction to opposite party Nos.2 and 4 to consider regularization of Page 3 of 3. service of the petitioner in the light of the order as per order dated 14th July, 2023 in W.P (C) No.20939 of 2023 and to take a decision thereon as soon as possible preferably within a period of eight weeks from the date of receipt of a copy of this order. 8. With the aforesaid observations/ directions, the writ application stands disposed of. (Aditya Kumar Mohapatra) Judge S.K. Rout