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2017 Supreme(Ori) 288

B.R.SARANGI
Pradeep Kumar Jena – Appellant
Versus
State of Odisha – Respondent


Advocate Appeared:
For the petitioner:M/s. A.R. Dash, S.K. Nanda-1, B. Mohapatra, N. Swain, K.S. Sahoo, A. Mahanta & G. Chaitanya, Advocates.
For the opp. parties :Mr. L. Samantray, Addl. Govt. Advocate, Ms. Deepali Mohapatra, Advocate.

JUDGMENT :

DR. B.R. SARANGI, J.

The petitioner has filed this application challenging the notification dated 21.01.2016 in Annexure-6 for engagement of ‘Jogan Sahayak’ in respect of Alipur Gram Panchayat under Aska Panchayat Samiti in the district of Ganjam and further seeks for a direction to the opposite parties to allow him to continue as ‘Jogan Sahayak’ in place of his present assignment as salesman.

2. The factual matrix of the case is that the petitioner is a Graduate in Arts and permanent resident of Alipur Gram Panchayat. He was given engagement on 04.03.2013 as a salesman by Alipur Gram Panchayat with the previous approval of District Panchayat Officer, Ganjam under Rule-219 of the Gram Panchayats Rules, 1968. Pursuant to such engagement, he was discharging his duty, i.e., sale of wheat, rice and sugar at the fair price shop, which was opened at the concerned Gram Panchayat to deal with the sale of less than 150 quintals of PDS items in a month. Since there was increase of ration cards and quantum of sale of the PDS commodities, Alipur Gram Panchayat submitted resolution to the Panchayat Samiti, Aska for engagement of ‘Jogan Sahayak’. The said proposal was submitted referring









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