IN THE HIGH COURT OF ORISSA AT CUTTACK
KRISHNA S.DIXIT, Mruganka Sekhar Sahoo
Saroj Kumar Mohanty – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge to the petitioner's employment status. (Para 1 , 2 , 3) |
| 2. arguments regarding recruitment rules compliance. (Para 4 , 6 , 7) |
| 3. ruling on appointment legality and equality of opportunity. (Para 8 , 9 , 10) |
| 4. final dismissal of the writ petition. (Para 12) |
JUDGMENT :
MRUGANKA SEKHAR SAHOO, J.
The writ petition calls in question the order dated 24.04.2019 issued by the Registrar, Civil Court, Bhubaneswar communicating rejection of petitioner’s representation dated 16.05.2018 to regularize his services rejected by the learned District Judge, Khurda and order dated 22.06.2019 (as at Annexure-5 to the writ petition) passed by the opposite party no.3-Judge, Family Court, Bhubaneswar, keeping in abeyance earlier order dated 01.06.2019. The order dated 01.06.2019 was to continue the contract of engagement of petitioner.
2.1 The background facts of the case in brief are that an ‘advertisement’ was issued dated 27.04.2012 by the Judge, Family Court, Bhubaneswar-opposite party no.3 for filling up of vacant posts of Junior Clerk (Record Keeper) and Junior Typist, one post each, to be engaged on contractual basis in the office of the Judge, Family Court, Bhubaneswar. The
Appointments must comply with statutory recruitment rules and uphold constitutional rights to equality and opportunity.
Appointments in public service must adhere to constitutional mandates and established procedures; failure to do so renders such appointments void.
(1) When appointment of candidates is a nullity in law making them disentitled to hold posts, principles of natural justice were not required to be complied with, particularly when same would be noth....
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