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Orissa High Court · body

2005 DIGILAW 620 (ORI)

Khagendra Nath Behera v. Orissa Administrative Tribunal, Principal Bench, Bhubaneswar, through its Registrar

2005-10-24

I.M.QUDDUSI, PRADIP MOHANTY

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ORDER 24.10.2005 — Heard Mr. Aparesh Bhoi, learned counsel for the petitioner and learned Addl. Government Advocate for opposite parties 2 to 4. Opposite party No.1, i.e., Orissa Administrative Tribunal is deleted from the array of the parties 2 to 4. It appears that the O.A. filed by the petitioner is pending before the Orissa Administrative Tribunal, Bhubaneswar which has been registered as O.A. No.879 of 2005 and vide order dated 28.9.2005 the Tribunal while issuing notice on admission fixed for 2.11.2005 directed that the respondents would produce evi¬dence that after 1990 in fact they have advertised for the vacan¬cy of leprosy para-medical workers or multi purpose health work¬ers as the case may be. The Tribunal wanted to see if the appli¬cant has ignored this notification and has chosen to pursue his own career in any non-government organisation which would be crucial to the adjudication of the matter. Learned counsel for the petitioner has submitted that in similar cases, i.e., O.A. No. 859 of 2005 filed by Rabindra Nath Das and another and O.A. No. 876 of 2005 Sukanta Kumar Parhi and four others, the Tribunal has passed different orders and the O.As. have been disposed of finally, but in the instant matter such benefit has not been given to the petitioner. Considering the facts and circumstances of the case, at this stage when the O.A. of the petitioner is pending, we are not inclined to pass any order. However, keeping the interest of the petitioner in mind it is directed that till an order is passed by the Tribunal on the interim prayer made by the petitioner in the O.A., i.e., O.A. No. 879 of 2005, we direct that one post of Multi Purpose Health Workers (MPHW) shall not be filled up in pursuance of the advertisement dated 4.7.2005 contained in Annex¬ure-3 to the writ petition. Further, the Tribunal is directed that while considering the case of the petitioner the order passed in the above mentioned O.As. will also be taken into con¬sideration. The writ petition is disposed of accordingly. Urgent certified copy of this order be supplied as per rules. Petition disposed of.