SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(Online)(ORI) 1522

ORISSA HIGH COURT
R.K. PATTANAIK, J
DR. SIDHABRATA BAHINIPATI – Appellant
Versus
STATE OF ODISHA – Respondent
WP(C) 15192 / 2024



Advocates:
Mr. S.Routray, Advocate - Mr. B.P.Tripathy, AGA

The court ruled that service should be counted from the initial appointment date, emphasizing adherence to prior judicial decisions.

Headnote:(A) Service Law - Regularization of Service - The petitioner sought to have his service counted from the date of initial appointment, 5th September 1996, rather than from 25th December 2008, referencing the Apex Court's order in SLP

(C) No. 4253 of 2021 and W.P.

(C) No. 5958 of 2018. (Paras 1, 4, 8)

(B) Judicial Precedent - The court noted that similar matters had been decided in favor of counting service from the initial appointment date, as confirmed by previous court decisions. (Paras 6, 8)

Facts of the case:
The petitioner filed a writ petition for the regularization of his service, arguing that his service should be counted from the date of his initial appointment rather than a later date, supported by prior court decisions.

Findings of Court:
The court directed the opposite party to examine the petitioner's plea for regularization from 5th September 1996 and to make a decision within six weeks.

Issues: The main issue was whether the petitioner’s service should be counted from the initial appointment date or a later date.

Ratio Decidendi: The court emphasized the importance of adhering to previous judicial decisions regarding service counting and directed prompt action on the petitioner’s request.

Result: Writ petition disposed of with directions for regularization from 5th September 1996.

ORDER

his matter is taken up through virtual mode.

Mr. Routray, learned counsel for the petitioner Instant writ petition is filed by the petitioner for a direction opposite parties to count his period of service from the date of initial appointment i.e. 5th September, 1996 for the purpose of regularization of service instead of 25th December, 2008 in the light of the order of the Apex Court in SLP(C) No. 4253 of 9 and decision in W.P.(C) No. 5958 of 2018 ) on the grounds stated therein.

Page 1 of 3 Petitioner Advocate Opposite Parties Mr. B.P.Tripathy, AGA petitioner.

for a direction opposite parties to count his period of service from the date September, 1996 for the purpose of December, 2008 in the light of the order of the Apex Court in SLP(C) No. 4253 of 2021 as 9 and decision in W.P.(C) No. 5958 of 2018 4. Mr. Mishra, learned counsel for the petitioner the regularization of service of the petitioner is to be counted from the date of initial appointment order under Annexure decision of this Court vide Annexure Apex Court under Annexure service of the petitioner should be antedated i.e. from the date of initial appointment 5. Gone through Annexures submission of Mr.

6. Considering the similar matter, this service counting the confirmed vide Annexure Bench of this Court such plea of the petitioner examined by opposite party period.

7. Hence, it is ordered.

8. In the result, the writ petition stands disposed of with direction to opposite party No. regularization w.e.f. 5 towards regularization of his service instead of 25th December, Page Mr. Mishra, learned counsel for the petitioner submit the regularization of service of the petitioner is to be counted from the date of initial appointment which is in consonance with the Annexures9 & 10. It is further submitted that the decision of this Court vide Annexure-8 stands confirmed by t Apex Court under Annexure-1 considering which regularization of petitioner should be antedated i.e. from the date of initial appointment and not from 25th December, 2008.

Gone through Annexures-8, 9 & 10 and recorded of Mr. Tripathy, learned AGA for the State.

Considering the grievance of the petitioner and since in a similar matter, this Court vide Annexure-8 held the regularization of service counting the tenure from the time of initial appointment confirmed vide Annexure-9 and in a similar case, by a Division Bench of this Court under Annexure-10 , the Court is of the view that such plea of the petitioner is immediately to be attended to and examined by opposite party No.1 with a decision within a stipulated , it is ordered.

In the result, the writ petition stands disposed of with to opposite party No.1 to examine and allow such regularization w.e.f. 5th September, 1996 vis-à-vis the petitioner towards regularization of his service instead of 25th December, Page 2 of 3 submits that the regularization of service of the petitioner is to be counted from which is in consonance with the It is further submitted that the 8 stands confirmed by the 1 considering which regularization of petitioner should be antedated i.e. from the date of 8, 9 & 10 and recorded the grievance of the petitioner and since in a 8 held the regularization of the time of initial appointment by a Division 10, the Court is of the view that is immediately to be attended to and with a decision within a stipulated In the result, the writ petition stands disposed of with a allow such vis the petitioner towards regularization of his service instead of 25th December, 2008 in the light of the decision of the Apex Court under 2008 in the light of the decision of the Apex Court under Annexure Annexure-

9 confirming the order i.e. Annexure 9 confirming the order i.e. Annexure-8 and also in view of the also in view of the decision of the the Division Bench vide Annexure-10 . It is further . It is further directed that such a decision shall be taken at the directed that such a decision shall be taken at the earliest preferably preferably within a p

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top