Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Gitanjali Panigrahi – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. regularization process details and cancellations (Para 4) |
| 2. arguments against the regularization claim (Para 5) |
| 3. support for petitioner’s eligibility for regularization (Para 6) |
| 4. court's findings on appointment and regularization (Para 7) |
JUDGMENT :
1. This matter is taken up through Hybrid Mode.
3. The present Writ Petition has been filed inter alia challenging order dt.11.01.2021 so issued under Annexure-11' basing on the letter issued by the Government-Opp. Party No.1 on 06.01.2021 under Annexure-12.
4.1. It is contended that while so continuing as a contractual Staff Nurse in the establishment of Opp. Party No.2 pursuant to order dt.14.11.2011 under Anenxure-2' basing on the G.A. Department Resolution issued on 17.09.2013 under Annexure-7 and the decision taken by the high power Committee in its proceeding dt.29.06.2020 under Annexure-9' Petitioner vide Office order dt.19.08.2020 under Annexure-10 was regularised as a Staff Nurse in the establishment of Opp. Party No.2.
4.3. Learned counsel appearing for the Petitioner contended that since Petitioner was engaged as a Contractual Staff Nurse in the establishment of Opp. Party No.2 vide order dt.14.11.2011 and she
Natural justice principles require that cancellation of regularization without due process is impermissible, ensuring fair treatment for contractual employees seeking regular status after prolonged s....
Administrative actions involving civil consequences must adhere to the principles of natural justice, ensuring affected parties have an opportunity to be heard before adverse decisions are made.
Decisions affecting public servants' benefits must adhere to principles of natural justice to prevent arbitrary actions and ensure fairness.
The withdrawal of pension benefits without notice violates the principles of natural justice, particularly the right to be heard in administrative actions that have civil consequences.
Administrative decisions involving civil consequences must adhere to natural justice principles, including the right to be heard before punitive actions.
The main legal point established in the judgment is that the government's action of cancelling the antedating regularization was arbitrary, discriminatory, and violated the principles of natural just....
Disengagement of an individual without due process violates the right to fair hearing under natural justice principles, necessitating quash of the order.
Employees serving over ten years without unlawful intervention are entitled to pension benefits, even if prior appointments were irregular. Bureaucratic failure to regularize should not impede legal ....
The main legal point established in the judgment is the significance of adhering to the principles of natural justice, ensuring procedural compliance, and providing a fair and reasoned decision-makin....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
