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2023 DIGILAW 34 (ORI)

State of Odisha v. Rashmi Rekha Dash

2023-01-10

JASWANT SINGH, M.S.SAHOO

body2023
JUDGMENT 1. Heard Mr. B.S. Tripathy, learned counsel for the applicant-respondent and Mr. L. Samantaray, learned Addl. Govt. Advocate for the appellant/non-applicant. 2. The main appeal along with connected appeals stands adjourned for hearing on 14th March, 2023. The aforesaid I.A. has been moved by the respondent- Rashmi Rekha Dash aggrieved with the letter dated 28.12.2022 issued by the Government of Odisha, Finance Department to the Director, Local Fund Audit, Odisha, whereby it has been directed not to engage or allowed Data Entry Operators to continue on contractual basis/outsourcing basis on the basis of the minutes of meeting held on 14.03.2022 in order to avoid further litigations. 3. It is claimed that no doubt the applicant-respondent has filed a separate writ petition bearing W.P.(C) No.9 of 2023 challenging the aforesaid letter together with the consequential order, however in view of the pendency of the present writ appeal with stay of order dated 23.11.2021 passed by the learned Single Judge, the applicants are not being permitted to continue. 4. After hearing learned counsel for the applicant-respondent, we are not persuaded to entertain the present application in a appeal filed by the State aggrieved primarily against the direction for regularizing the services of contractual Data Entry Operators working through an outsourcing agency. In our view, the proper remedy for the applicant-respondent would be to pursue his remedy before the learned Single Judge in the said writ petition. 5. In light of the above, learned counsel for the applicant-respondent prays for permission to withdraw the instant I.A. The I.A. is disposed of as withdrawn with liberty to raise all the pleas before the learned Single Judge in his application seeking interim protection.