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2023 DIGILAW 113 (ORI)

Sitakanta Sai v. State of Odisha

2023-01-20

B.P.SATAPATHY

body2023
JUDGMENT Biraja Prasanna Satapathy, J. - This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard Ms. B.K. Pattanaik, learned counsel for the petitioner and Mr. D.K. Mohanty, learned Addl. Standing Counsel appearing for the Opp. Parties. 3. It is submitted that vide order dated 09.06.2014 under Annexure-3, the claim of the petitioner along with others were recommended for their appointment under the provisions of Rehabilitation Assistance Scheme. It is submitted that person placed at Sl. No.26 of the said order was appointed on regular basis, which is evident from Annexure-4. But the Petitioner was not only appointed subsequent to such appointment, but that too on contractual basis vide order dtd.09.06.2014 under Annexure-3. Accordingly, it is contended that Petitioner is entitled for his appointment on regular basis from the date of his appointment as issued under Annexure-3. 4. Mr. D.K. Mohanty, learned ASC on the other hand submitted that taking into account the provision contained in Odisha Group-C and Group-D Posts (Contractual Appointment) Rules, 2013 which came into force w.e.f.18.11.2013, the petitioner has been rightly appointed on contractual basis, as the appointment is as against a Group-C Post. 5. Heard learned counsel for the Parties. 6. This Court after going through the materials available on record finds that similarly situated person whose name is there in the order at Annexure-3 was appointed on regular basis and the same is evident from Annexure-4. Therefore, there was no occasion on the part of the Opp. Party No.3 to appoint the petitioner on contractual basis and the same amounts to discrimination resulting in violation of Art. 14 and 16 of the Constitution of India. Hence, this Court while interfering with the matter directs Opp. Party Nos.2 & 3 to issue a fresh order of appointment appointing the petitioner on regular basis from the date the petitioner was originally appointed vide order dated 09.06.2014. Such exercise shall be completed by the Opp. Party nos.2 & 3 within a period of one month from the date of receipt of this order. 7. With the aforesaid observation and direction, the Writ Petition is disposed of.