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2022 Supreme(Ori) 160

S.MURALIDHAR, K.R.MOHAPATRA
State of Orissa – Appellant
Versus
Prasanta Kumar Swain – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. P.K. Muduli Adv
For the Respondent:Mr. Jaganath Patnaik, Mr. Bibudhendra Dash, Advocate

JUDGMENT :

1. This writ petition by the State of Odisha through the Forest and Environment Department challenges an order dated 14th November, 2012 passed by the State Administrative Tribunal, Bhubaneswar (‘Tribunal’) in O.A. No.163 of 2008 whereby a direction was issued to the Petitioners to regularize the services of the Opposite Party by relaxing Rule 3(1) of the Orissa Ministerial Services (Method of Recruitment to the Post of Junior Clerk to the District Offices) Rules, 1985 (‘OMS Rules, 1985’) by issuing a notification and giving him all consequential service and financial benefits with effect from 24th November, 1984.

2. The background facts are that the Opposite Party was initially appointed as a Junior Clerk on ad hoc basis for a period of 89 days by an order dated 27th September, 1984 issued by the Working Plan Officer, Koraput Circle for the period from 10th September, 1984 to 7th December, 1984 on the pay scale of Rs.255-390/-with D.A. and A.D.A as admissible from time to time. It was stated that “the appointment is purely temporary and terminable at any time without any notice assigning any reason thereof.”

By a subsequent order dated 24th November, 1984 the Opposite Part

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