ORISSA HIGH COURT
RABINDRA NATH BARIK – Appellant
Versus
STATE OF ODISHA – Respondent
WP(C) 2846 / 2023
ORISSA HIGH COURT : CUTTACK W.P.(C) No.2846 of 2023 In the matter of an Application under Articles 226 and 227 of the Constitution of India, 1950 ***
1. Rabindra Nath Barik Aged about 57 years Son of Gandharba Barik A permanent resident of Shabjamul P.O.: Sabhamula, P.S.: Jagatsinghpur District: Jagatsinghpur Presently working as Peon At: Divisional Office, O.S.P.H. & W.C.
Bhawanipatana Division At: ITI Road, Bhawanipatana District: Bhawanipatana.
2. Trilochan Madhual Aged about 59 years Son of Late Narendra Moharana A permanent resident of At/P.O.: Baratani, P.S.: Aul District: Kendrapara Presently working as Orderly In Odisha State Police Housing &
Welfare Corporation Limited, Head Office Bhubaneswar - 22.
3. Pramod Kumar Jena Aged about 57 years Son of Jambesh Kumar Jena At: Khasipur, P.O.: Gadaruspa P.S.: Gop, District:Puri Presently working as Orderly Peon In Odisha State Police Housing &
Welfare Corporation Limited Head Office, Bhubaneswar - 22.
4. Prasant Kumar Behera Aged about 51 years Son of Nakula Behera At/P.O.: Bilasuni, P.S.: Govindpur District: Cuttack Presently working as Watchman In Odisha State Police Housing &
Welfare Corporation Limited, Head Office, Bhubaneswar - 22.
5. Kartik Ch. Swain Aged about 53 years Son of Hanuman Swain At/P.O.: Santhapur, P.S.: Gondia District: Dhenkanal Presently working as Orderly Peon Watchman In Divisional Office Odisha State Police Housing &
Welfare Corporation Limited Balasore, At/P.O.: Kalidaspur District: Balasore.
6. Maheswar Behera Aged about 55 years Son of Gopi Behera At/P.O.: Takarada, P.S.: Takarada District: Ganjam Working as Orderly Peon In Divisional Office Odisha State Public Housing &
Welfare Corporation Limited Sambalpur Division At: Dehuri Palli, P.O.: Budharaja District: Sambalpur.
7. Bhim Bahadur Ale Aged about 64 years Son of Dalabahadur Ale At: Dal Bhanjyang P.O.: Batashy Khapani P.S.: Gorkha District: P-2 No. Nepal. … Petitioners -VERSUS-
1. State of Odisha Represented through Principal Secretary to Government Home Department, Odisha Secretariat Bhubaneswar, District-Khurda.
2. Chairman-cum-Managing Director Odisha State Police Housing &
Welfare Corporation Limited At: Janapath, Bhoi Nagar Bhubaneswar-22 District: Khordha.
3. Director General & Inspector General of Police At: Cantonment Road Buxi Bazar, Town/District: Cuttack.
4. Additional Secretary to Government Department of Public Enterprises Government of Odisha Odisha Secretariat, New Capital Bhubaneswar District: Khordha. … Opposite parties Counsel appeared for the parties:
For the Petitioners : Mr. Subir Palit, Senior Advocate along with Ms. Ananya Pradhan, Advocate For the Opposite party : Ms. Saswata Pattnaik, Nos.1, 3 & 4 Additional Government Advocate For the Opposite party : M/s. Girija Prasanna Dutta, No.2 Kaibalya Manichandan Bhuyan, Advocates P R E S E N T: HONOURABLE MR. JUSTICE MURAHARI SRI RAMAN Date of Hearing : 05.10.2024 :: Date of Judgment : 13.03.2025
JUDGMENT
Challenging the Office Order No.E-38/06/3489/ OPHWC, dated 12.05.2010 and Office Order No.E-31/ 06/3492/OPHWC, dated 12.05.2010 passed by the opposite party No.2-Chairman-cum-Managing Director of Odisha State Police Housing and Welfare Corporation Ltd., by virtue of which Office Order Nos.5451/OPHWC, dated 19.06.2009 and 5449/OPHWC, dated 19.06.2009, 5460/OPHWC, dated 19.06.2009 and 5464/OPHWC, dated 19.06.2009 whereby posts of watchman and peon against which the petitioners have been working were regularised, were withdrawn, this writ petition has been filed before this Court to invoke the provisions of Articles 226 and 227 of the Constitution of India, with the following prayer(s):
“It is, therefore, most humbly prayed that this Hon‟ble Court may be graciously pleased to issue a Writ or Writs in the nature of a Writ of Mandamus, thereby directing the Opposite Parties not to revoke petitioners regularization orders dated 19.06.2009 under Annexure-4 series;
And may graciously be pleased to quash the Office Orders dated 12.05.2010 & 19.06.2009 as a
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