2024 Supreme(Online)(ORI) 426

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.A. No.3028 of 2023

1. Arun Kumar Biswal, S/o- Late Lakshman Biswal presently

working as Assistant Conservator of Forests, O/o-Divisional

Forest Officer, Baripada Forest Division, PO-Baripada, PS-

Baripada Town, Dist-Mayurbhanj. (Opp. Party No.29 in the writ

petition)

2. Malay Ranjan Kalo, S/o- Hrusikesh Kalo presently working as

Assistant Conservator of Forests, O/o- Divisional Forest Officer,

Phulbani Forest Division, PO/PS-Phulabani, Dist-Kandhamal

(Opp. Party No.30 in the writ petition)

3. Ramachandra Murmu, S/o. Late Dulal Murmu, presently

working as Assistant Conservator of Forests, O/o-the Divisional

Forest Officer, Balasore Wild Life Division, Balasore, (Opp.

Party No.32 in the writ petition)

4. Khirod Kumar Behera, S/o- Lingaraj Behera presently

working as Sub-Divisional Forest Officer, Talcher, At/P.O./P.S.-

Talcher, Dist- Angul (Opp. Party No.33 in the writ petition)

5. Prafulla Kumar Malik, S/o. Late Brundaban Malik, Asst.

Conservator of Forests, O/O the Baliguda, Forest Division,

At/Po/PS:-Baliguda, Dist:-Kandhamal. (Opp. Party No. 34 in the

writ petition)

…Appellants

-Versus-

1. State of Odisha, Forest, Environment and Climate Change

Department, represented through its Additional Chief Secretary

Kharavela Bhavan, Bhubaneswar, District-Khordha, Odisha,

Pin-751001 (Opp. Party No. 1 in the writ petition).

2. The Law Department, Govt. of Odisha, represented through

the Principal Secretary, Lok Seva Bhawan, Sachivalaya Marg,

Bhubaneswar, District-Khordha, Odisha-751 001. (Opp. Party

No.2 in the writ petition).

3. The ST & SC Development, Minorities & Backward Classes

Welfare Department, State of Odisha, represented through the

Principal Secretary (I/C), Lok Seva Bhawan (Odisha Secretariat)

Bhubaneswar-751 001 (Opp. Party No.3 in the writ petition).

4. Prakash Chandra Das, S/o- Late Bishnu Charan Das At-

Chandpur,

PO-Rahama,

Dist-Jagatsinghpur,Odisha-754140

presently working as SDFO (KL), Talcher, Office of the

Divisional Forest Officer, Angul (KL) Division, Dist-Angul,

Odisha (Petitioner No.1 in the writ petition).

5. Gouri Shankar Das, S/o- Late Bhaibananda Das, At-Kishore

Bhawan, Chatrabazar, P.O.-Arunodaya Market, District-Cuttack,

Odisha-753012 presently working as Assistant Conservator of

Forests, Athamallik, Office of the Divisional Forest Officer,

Athamallik (T) Division, Dist.- Angul, Odisha (Petitioner No.2

in the writ petition).

6. Sarat Kumar Mishra, S/o. Maheswar Mishra, at new Rajabati

road, PO-Nayagarh, District- Nayagarh, Odisha-752069 at

present working as Assistant Conservator of Forest, Chandaka

Wild Life Division, Gajabihar, Bhubaneswar, District-Khordha

(Petitioner No. 3 in the writ petition).

7. A. Uma Mahesh, S/o. A. Bhanu Murty, at Jamal Road, PO-

Kotpad, District- Koraput, Odisha, at present working as

Assistant Conservator of Forest, Koraput Forest Division,

At/PO/District: Koraput, Odisha. (Petitioner No. 4 in the writ

petition)

8. Sisir Kumar Mishra, S/o. Niranjan Mishra, at Hariank, village-

Danpur, District- Kendrapara-7542210, Odisha, presently

working as Assistant Conservator of Forest, Office of

Directorate of Mines and Geology, Heads of the department

Building, Unit-V, Bhubaneswar- 767001, District: Khordha,

Odisha (Petitioner No.5 in the writ petition

9. Soubhagya Kumar Sahoo, S/o. Late Brundaban Sahoo, At/PO-

Barunadiha, village Rajkanika, District-Kendrapara, Odisha-

754220, at present working as Assistant Conservator of Forest,

Office of the Divisional Forest Officer, Cuttack Forest Division,

Ghatkala, Nuapara, District-Cuttack, Odisha. (Petitioner No. 6 in

the writ petition)

10. Bijay Kumar Parida, S/o. Late Bharat Chandra Parida, at

Belpada, PO-Muninda, PS-Delang, Disrtrict- Puri at present

working as Assistant Conservator of Forest, City Forest

Division, Sahid Nagar, Bhubaneswar, District: Khordha, Odisha.

(Petitioner No.7 in the writ petition)

11. Amareshnath Pradhan, S/o. Late Lokanath Pradhan, at Plot

No.-5727, Lane-3, Bhaktamadhu Nagar, PO- Khandagiri,

Bhubaneshwar - 751030, District-Khordha at present working as

Assistant Conservator of Forest, Office of Principal Chief

Conservator of Forest, HoFF, Odisha, Bhubaneshwar on

deployment at Regional Plant Resource Centre Ekamrakanan

Nayapalli, Bhubaneswar, District: Khordha, Odisha. (Petitioner

No.8 in the writ petition)

…Respondents

12. Prasant Kumar Mandhata, S/o Bharambar Mandhata, at

present working as ACF, O/o Regional Chief Conservator of

Forest, Angul Circle, District- Angul, Odisha. (Opp. Party No. 4

of the writ petition)

13. Aditya Narayan Sethi, S/o-Kshetra Mohan Sethi, at present

working

as

Asst. Manager, O/o GM (Odisha

Forest

Development Corporation), Bhubaneswar, Odisha, District-

Khordha. (Opp. Party No. 5 of the writ petition)

14. Pramod Kumar Behera, S/o Gangadhar Behera, at present

working as DM (1/C), Odisha Forest Development Corporation,

Bhawanipatna, District- Kalahandi, Odisha. (Opp. Party No. 6 of

the writ petition)

15. Biraj Mohan Mohanty, S/o Late Pramod Chandra Mohanty, at

present working as ACF, O/o WPO, Sambalpur, District-

Sambalpur, Odisha. (Opp. Party No. 7 of the writ petition)

16. Prasanta Kumar Swain, S/o. Sanatan Swain, at present

working as Assistant Conservator of Forest, O/o the Principal

Chief Conservator of Forest & Head of Forest Force,

Bhubaneswar, District- Khordha, Odisha.(Opp. Party No. 8 of

the writ petition).

17. Tankadhar Behera, S/o. Late Nabakishor Behera, at present

working as Assistant Conservator of Forest, O/o the

District/Divisional Forest Officer, Rourkela Forest Division,

District-Sundergarh, Odisha. (Opp. Party No. 9 of the writ

petition).

18. Debendra Charan Khuntia, S/o. Late Kandumani Charan

Khuntia, at present working as Assistant Conservator of Forest,

O/o the District/Divisional Forest Officer, Cuttack, Forest

Division, District-Cuttack, Odisha.(Opp. Party No.10 of the writ

petition).

19. Suresh Mallick, S/o. Late Gunanidhi Mallik. At present

working as DM, Odisha Forest Development Corporation,

Keonjhar, District- Keonjhar, Odisha. (Opp. Party No.11 of the

writ petition).

20. Subhendu Prasad Behera, S/o. Bhima Charan Behera, At

present working as Assistant Conservator of Forest, O/o the

District/Divisional Forest Officer, Satkaosia (WL) Division,

District Cuttack, Odisha. (Opp. Party No. 12 of the writ petition)

21. Shiba Prasad Rath, S/o. Satrughna Rath, Assistant Conservator

of Forest, O/o Divisional Forest Officer, Khariar Forest Division,

District Nuapada, Odisha. ( Opp. Party No. 13 of the writ

petition)

22. Sarat Kumar Sahoo, S/o. Late Jagannath Sahoo, Assistant

Conservator of Forest, O/o Deputy Director, Nandankanan,

Bhubaneswar, District- Khordha, Odisha (Opp. Party No. 14 of

the writ petition).

23. Rajendra Gochahyat, S/o. Late Upendra Gochhayat, Assistant

Conservator of Forest, O/o DFO, Baragarh, Forest Division,

District Bargarh, Odisha (Opp. Party No.15 of the writ petition).

24. Peter Tiga, S/o. Elias Tiga, ACF, O/o DFO, Deogarh Forest

Division, District-Deogarh, Odisha.(Opp. Party No.16 of the writ

petition).

25. Pabitra Behera, S/o. Late Sukadev Behera, SDFO (KL),

Sundergarh (KL) Division, District Sundergarh, Odisha, (Opp.

Party No.17 of the writ petition).

26. Pradeep Kumar Bhatra, S/o. Philiman Bhatra, ACF, O/o DFO,

Kalahandi South Forest Division, District-Kalahandi, Odisha.

(Opp. Party No.18 of the writ petition).

27. Ashok Kumar Behera, S/o. Kasinath Behera, ACF, O/o DFO,

Paralakhemundi Forest Division, District- Gajapati, Odisha

(Opp. Party No.19 of the writ petition).

28. Harekrushna Mallick, S/o. Krunkar Mallik, ACF, O/o DFO,

Athgarh Forest Division, District-Cuttack, Odisha, (Opp. Party

No.20 of the writ petition).

29. Kundan Singh, S/o. Late Mohan Singh, ACF, O/o DFO,

Malkangiri Forest Division, District-Malkangiri, Odisha, (Opp.

Party No. 21 of the writ petition).

30. Pravakar Nayak, S/o. Late Kashinath Nayak, ACF, O/o DFO,

Ghumsur South Forest Division, District- Ganjam, Odisha. (Opp.

Party No.22 of the writ petition).

31. Jitendra Kumar Behera, S/o. Late Baishnab Charan Behera,

ACF, O/o DFO, Bamra (WL) Division, District-Sambalpur,

Odisha (Opp. Party No.23 of the writ petition).

32. Baidyanath Majhi, S/o. Late Saunte Majhi, ACF, O/o. DFO,

Rairangpur Forest Division, District-Mayurbhanj, Odisha (Opp.

Party No.24 of the writ petition).

33. Rupchand Soren, S/o Anpa Soren, ACF, O/o DFO, Rairakhol

(KL) Division, Dist:-Sambalpur, (Opp. Party No.25 of the writ

petition.

34. Jadumani Kerkete, S/o. Stanislas Kerketta, ACF, O/o Similapal

North (WL) Division, District;-Mayurbhanj, Odisha (Opp. Party

No.26 of the writ petition).

35. Ananta Kumar Pradhan, S/o. Balaram Pradhan, ACF, City

Forest Division, District- Khordha, Odisha. (Opp. Party No.27 of

the writ petition).

36. Naveen Chandra Nayak, S/o. Late Sukadev Naik, ACF, O/o

DFO, Rairangpur Forest Division, District-Mayurbhanj, Odisha,

(Opp. Party No. 28 of the writ petition).

37. Ranjan Kumar Nag, S/o. Laba Nag, ACF, Koraput Forest

Division, District-Koraput, Odisha, (Opp. Party No.31 of the

writ petition).

…Proforma Respondents

Advocates appeared in the case:

For the Appellants:

Mr. N. K. Mishra, Sr. Advocate assisted

by Mr. Deepak Kumar Pani, Advocate.

For Respondents No.1 to 3: Mr. R. N. Mishra, Addl. Govt. Advocate.

For Respondents No.4 to 11: Mr. Gautam Misra, Sr. Advocate assisted

by Mr. Anupam Dash & Mr. J.R. Deo,

Advocates.

CORAM:

HON’BLE THE CHIEF JUSTICE

HON’BLE MR. JUSTICE MURAHARI SRI RAMAN