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2025 DAILYLAW 59623 (ORI)

BASANTA BARIK v. STATE OF ODISHA

WP(C)/25168/2024 · 2025-02-21

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.25168 of 2024 Basanta Barik ..... Petitioner Represented By Adv. - Subhransu Bhusan Mohanty -versus- 1) State Of Odisha ..... Opposite Parties 2) Director Health Service,odisha 3) The Supertendent,veer Surendra Sai Institute Of Medical Science And Research,burla Represented By Adv. – Ms. S.Mohanty, A.S.C. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 21.02.2025 04. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the petitioner as well as learned counsel for the State-Opposite Parties. Perused the documents as well as annexed thereto. 3. The present writ petition has been filed by the petitioner with the following prayers: “ it is therefore prayed that, this Hon’ble Court may graciously be pleased;- (i) To admit the writ petition (ii) To direct the Opposite Parties to combine and reckon the past contractual service rendered under Zonal Blood Testing Centre (ZBTC) for AIDS in the Department of Microbiology of V.S.S.Medical College, Page 2 of 3. Burla from 28.11.1998 to 31.12.2003, the the service rendered under Odisha State Aids Central Society Functioning, owned and controlled by the (Department of Health & Family Welfare) from 01.07.2004 to 15.09.2008 then service rendered as Laboratory Technical Assistant under V.S.S. medical College Hospital, Burla from 16.09.2008 to 31.05.2010, then service rendered as Junior Laboratory Technician under V.S.S. Medical College, Burla from 01.06.2010 till 15.09.2013 (Regularised on 17.09.2013) as qualifying service for the purpose of all service benefits including the forth coming pensionary benefits by condoning the small interruption in different spells of service so as to make eligible the petitioner to get the accrued benefits. In view of Rule 10 and 11of O.C.S. pension Rule 1992 as well as Government resolution dated 13.05.2013 as qualifying service for the purpose of all service benefits. And any pass such other/ orders, direction/directions as deem fit and proper in the interest of justice.” 4. Learned counsel for the petitioner, at the outset referred to letter dated 18.01.2025 issued by the Superintendent VIMSAR, Burla to the Deputy Secretary to Govt. of Orissa Health & Family Welfare Department, Odisha in the context of counting the past service of the petitioner as he is now working as Medical Laboratory Technician at VIMSAR, Burla. A copy of such letter which was filed in Court is taken on record. 5. On perusal of the said letter it appears that the Superintendent of VIMSAR has recommended the case of the petitioner in the following words;- “In view of the above facts and service particulars the under signed gives his opinion to the extent that she has grievance for counting the past service may be considered at Government level and appropriate Page 3 of 3. instruction be issued to act and as per law and procedure”. 6. Since the recommendation has been given by the Superintendent VIMSAR, Burla to the Government, this Court is of the considered view that the writ application can be disposed of by directing the Government to consider the recommendation of the Superintendent of VIMSAR, Burla vide letter No.764 dated 18.01.2025. Accordingly, the petitioner is hereby directed to approach the Opposite Party No.1 along with a copy of today’s order and copy of letter dated 18.01.2025 issued by the Superintendent of VIMSAR, Burla within four weeks from today. In such eventuality, the Opposite Party No.1 shall do well to consider the recommendation letter dated 18.01.2025 and dispose of the same within a period of four weeks by passing a speaking and reasoned order. The final decision so taken be communicated to the petitioner within ten days from the date of taking such decision. 7. With the aforesaid observations and directions, the writ petition stands disposed of. Urgent certified copy of this order be granted on proper application. ( A.K. Mohapatra) Judge Rubi