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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 :
Biraja Prasanna Satapathy J.
1. This matter is taken up through Hybrid Mode.
2. Heard learned counsel appearing for the parties.
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. It is contended that pursuant to the Advertisement issued under Annexure-1 by Opp.Party No.2' Petitioner after coming out successful in the interview' was selected and appointed as a Staff Nurse on contractual basis vide order dt.14.11.2011 under Anenxure-2. It is contended that Petitioner was so appointed basing on the decision taken by the Government with due creation of the posts vide letter dt.25.10.2012 under Annexure-3 and proceeding of the Selection Committee held on 07.03.2013 under Annexure-4. It is further contended that in the Proceeding of the meeting under Anenxure-4' it w
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....
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