IN THE HIGH COURT OF ORISSA AT CUTTACK RVWPET No.89 of 2024 Ajaya Kumar Sahoo …. Petitioner Mr.Amitav Tripathy (Amicus Curiae) -versus- State of Odisha & another …. Opp. Parties Mr. U.R. Jena, AGA and Mr. Surya Narayan Patnaik, Advocate for OSSC. CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 03.01.2025 08. 1. This matter was taken up for hearing on 12.11.2024 and the following order was passed: “1. Mr. Tripathy, learned Amicus Curiae appearing for the petitioner hands up a bunch of documents to this Court, on the basis of which he could successfully demonstrate that the petitioner had been continuing as a Junior Typist up till 30.09.2022. Series of documents have been relied upon to substantiate the same. Mr. Tripathy, learned counsel pointed out that the findings recorded by the learned Single Judge in the impugned order, which reveals that the learned Single Judge has non-suited the petitioner on the ground that the petitioner was not in employment after 30.04.1999. Relevant paragraph of the finding recorded by the learned Single Judge in the impugned order dated 11.10.2022 is reproduced for ready reference: “On 30.04.1999, the tribunal extended the interim order until further orders. By the time such order was passed, the petitioner was no more in service since there was no post available and no funds were there to allow the petitioner to continue in service. Therefore, the order of the tribunal cannot be implemented. As a consequence thereof the Secretary, Odisha Staff Selection Commission vide order dated 29.09.2022 engaged the petitioner as Junior Grade Typist in the Commission in Level-4, Cell No.1 Rs.19,900/- with usual D.A. as admissible for a period of 44 days with effect from 05.08.2022 to 17.09.2022. Since the petitioner was engaged on spell basis, on the basis of the availability of post and availability of fund, this Court is not inclined to accede the prayer made in this I.A. to direct the opposite parties to allow the petitioner for continuous service as claimed by the petitioner.” 2. Learned counsel for the State submits that since the documents are filed today, he would seek instruction in this regard and ascertain as to whether the petitioner had indeed continued in the service beyond 30.04.1999 or not. 3. Issue notice. 4. Mr. Kumar, learned Additional Standing Counsel appearing for the opposite party No.1-State waives the notice. 5. Issue notice to the opposite party No.2 by Registered Post with A.D./Speed Post with A.D. making it returnable within two weeks. Requisites shall be filed by tomorrow. 6. List this matter on 05.12.2024.” 2. Pursuant to the aforementioned order, the contesting opposite party has filed the reply dated 05.12.2024, inter alia, contending as under: “2. That in compliance of the Order No.6 dated 12.11.2024 passed by the Hon’ble High Court in RVWPET No.89 of 2024, it is submitted here that Sri Ajaya Kumar Sahoo had continued in service beyond 30.04.1999 till 30.09.2022 on Ad hoc basis (on 44 days spell basis by giving one day break in between two spells) in this Commission as Junior Grade Typist. 3. He was disengaged from duty w.e.f. 30.09.2022 A.N. vide Office Order No.1229 (C)/OSSC dt. 30.09.2022 on appointment and joining of two newly recruited Junior Stenographers in the Commission.” 3. Accordingly, it is admitted by the contesting opposite party that the learned Single Judge of this Court in paragraph-2 of the impugned judgment dated 11.10.2022 has recorded the fact, which is apparently contrary to the record. 4. In view of the same, the apparent error crept on the record needs to be modified/corrected. 5. Accordingly, the RVWPET is allowed. The office is directed to set the writ petition for hearing afresh on its merit before the assigned Bench subject to approval of the Hon’ble Chief Justice. (S.S. Mishra) Judge Subhasis Designation: Personal Assistant Location: High Court of Orissa, Cuttack.