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2005 DIGILAW 446 (ORI)

Prakash Chandra Sethi v. State of Orissa

2005-07-23

I.M.QUDDUSI, PRADIP MOHANTY

body2005
ORDER 23.7.2005 Heard Mr. D. R. Pattanayak, learned Counsel for the peti¬tioner and learned Additional Government Advocate for the State. The petitioner had filed O.A. No.1240(C) of 2005 in the Orissa Admn. Tribunal, Cuttack Bench, Cuttack with a prayer for interim order. The same was taken up by the Tribunal on 20.7.2005. While issuing notice, the Tribunal has ordered that if a representation for regularisation is given by the applicant petitioner, it should be considered during the pendency of the case. The peti¬tioner had made a prayer that his service may not be dispensed with during the pendency of the O.A. Mr. Pattanayak, learned counsel for the petitioner has sub¬mitted that the petitioner is working since 1990 as Junior Ste¬nographer in the scale of pay of Rs.1200-1800/- per month with usual D.A. as admissible form time to time and was given annual increments subsequently. He has also been granted advance like house building advance. He has been allowed to cross the Effi¬ciency Bar also and a service book was maintained and the entries thereunder have also been made properly. He is also member of Group Insurance Scheme (GIS) of the Government Employees but the opposite parties are not treating him as regular employee and al¬leging that his appointment was not a regular one. It is very surprising that after completing fifteen years of service the opposite parties are alleging that the appointment of the petitioner was irregular. Anyhow the petitioner is entitled to get the interim relief to the effect that his service should not be terminated during the pendency of the O.A. In view of the above mentioned facts and circumstances, this writ application is disposed of which the direction that the petitioner’s service shall not be terminated during the pendency of the O.A. before the Tribunal. Application disposed of.