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2024 Supreme(Ori) 3

A. K. MOHAPATRA
Sarat Chandra Misha – Appellant
Versus
State of Odisha – Respondent


Advocates:
M/s. R.K. Bose & A.K. Parida, for Petitioner, Mr. N.K. Praharaj, Additional Government Advocate, for Opposite Parties

JUDGMENT

A.K. Mohapatra, J.

By filing the present writ petition, the Petitioner calls in question the validity, legality and propriety of Office order dated 09.12.2021 under Annexure-8 to the writ petition. The Petitioner has also prayed for issuance of writ of mandamus thereby directing the Opposite Parties, particularly the Opposite Party No.2, to immediately regularize the service of the Petitioner from the date prior to his date of retirement w.e.f. 31.01.2022 by taking into consideration the policy decision of the Government vide Resolution dated 22.01.1965 under Annexure-9 and Resolution dated 15.05.1997 under Annexure-2 and letter dated 27.05.2014 under Annexure-3. Further, keeping in view the vacancy position, obtained by the Petitioner on an application under the Right to Information Act, which was intimated to the Petitioner vide letter dated 22.09.2020 under Annexure-5, so also the Resolutions of the Government in respect of the Regular Wage Establishment, regularize the Petitioner in service at least for a day prior to the date of his retirement and, accordingly, the pensionary benefits, as is due and admissible to the Petitioner, be sanctioned and disbursed in favour of

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