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2025 DAILYLAW 59632 (ORI)

TRILOCHAN SAHU v. REGISTRAR OF COOPERATIVE SOCIETIES ODISHA

WP(C)/24806/2024 · 2025-03-06

Aditya Kumar Mohapatra

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.24806 of 2024 Trilochan Sahu …. Petitioner Mr. S.D. Tripathy, Advocate -versus- Registrar of Cooperative Societies, Odisha, Bhubaneswar & Others …. Opp. Parties Mr. S.K. Parhi, ASC CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 06.03.2025 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/ Physical Mode). 2. Heard Mr. Tripathy, learned counsel for the petitioner and Mr. S.K. Parhi, learned Additional Standing Counsel for the State opposite party No.1. 3. No notices are issued to opposite party Nos.2 and 3, as the matter is disposed of at the stage of admission, considering the limited grievance of the petitioner. 4. Instant writ petition is filed by the petitioner for a direction to the opposite parties and in particular, opposite party Nos.2 and 3 to regularize his service in the post of Peon 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. 2 5. 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 upheld by order dated 14th November, 2023 in W.A. No.2364 of 2023, hence, therefore, necessary direction is required to be issued to opposite party Nos.2 and 3 to consider regularization of his service. 6. Learned counsel 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, a direction may perhaps be issued to opposite party Nos.2 and 3 to consider regularization of service of the petitioner engaged with reference to Annexure-1. 7. Recording the submissions of learned counsel for the respective parties and taking judicial notice of a decision in Patitapaban Dutta Dash (supra) with the contention 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 3 amit opposite party Nos.2 and 3 followed by a decision within a stipulated period. 8. Accordingly, it is ordered. 9. In the result, the writ petition stands disposed of with a direction to opposite party Nos.2 and 3 to consider regularization of 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. 10. Urgent certified copy of this order be issued as per rules. (Aditya Kumar Mohapatra) Judge