IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.5976 of 2023 Srinibas Swain …. Petitioner Mr. N.R. Routray, Advocate -versus-

State of Odisha and Others …. Opposite Parties Mr. P.K. Panda, ASC CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

Order No. 10.11.2025

11. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel for the parties.

3. The present Writ Petition has been filed inter alia challenging order dated 23.03.2022, so passed by Opp. Party No.2 under Annexure-8 and further order passed by the Govt.-O.P. No.1 on 20.08.2022 under Annexure- 10 and subsequent order by the self-same O.P. No.1 on

08.05.2023 under Annexure-12.

4. It is contended that petitioner was engaged as GPTA on being sponsored by the Panel maintained by the Committee of Chief Engineer, Govt. of Odisha. In terms of the letter issued on 31.05.2011 under Annexure-1, petitioner joined against the post of GPTA on contractual basis on 17.06.2011. Subsequently, petitioner was posted in the district of Jajpur and while continuing as such in the district of Jajpur, petitioner remained on Medical Leave w.e.f. 08.09.2018.

4.1. Learned counsel for the petitioner contended that because of his prolonged illness, petitioner remained on Medical Leave w.e.f. 08.09.2018 to 30.11.2019. After being declared fit, he joined his duty on 01.12.2019. Petitioner submitted his joining on 01.12.2019 before O.P. No.6 along with the Medical Certificate and Fitness Certificate issued by the concerned Doctor.

4.2. However, instead of allowing the petitioner to join w.e.f. 01.12.2019, petitioner was issued with the show- cause by Opp. Party No.2 on 05.07.2021 under Annexure-6 inter alia on the issue that why petitioner will not be disengaged, in terms of the Para-9(a)(i) of office order dated 14.03.2018 as well as in terms of the agreement executed by him at the time of his initial engagement.

4.3. Learned counsel for the petitioner contended that on being provided with the show-cause, petitioner submitted a detailed reply on 02.08.2021 under Annexure-7 inter alia taking the ground that because of his illness from 08.12.2018 to 30.11.2019, petitioner could not join in his duty and after being declared fit, his joining report submitted on 01.12.2019 before O.P.

No.6 was not accepted.

4.4. It is however contended that on the face of the reply submitted under Annexure-7, vide order dated

23.03.2022 under Annexure-8 of Opp. Party No.2, petitioner was dis-engaged from his services. Even though petitioner made an appeal before O.P. No.1 under Annexure-9 but the said appeal was also rejected vide order dated 20.8.2022 under Annexure- 10. Not only that prayer of the petitioner made before the Hon’ble Minister under Annexure-11 was also rejected by the Govt. vide order dated 08.05.2023 under Annexure-12.

4.5. Learned counsel for the petitioner vehemently contended that since petitioner because of his prolonged illness from 08.09.2018 to 30.11.2019 could not join and in support of his illness and even though he produced the medical certificates in support of the same, but without accepting such plea of the petitioner, petitioner was issued with the show-cause after about 1 and ½ years of joining on 05.07.2021 under Annexure-6.

4.6. Even though petitioner submitted a detailed reply indicating therein that because of his illness he could not join during the period from 08.09.2018 to 30.11.2019 and his joining was not accepted even though it was submitted on 01.12.2019, but without proper appreciation of the said plea, petitioner was dis- engaged vide order dated 23.03.2022 under Annexure- 8 of Opp. Party NO.2, so confirmed by Opp. Party No.1 vide order dated 20.08.2022 under Annexure-10 and

08.05.2023 under Annexure-12.

4.7. It is accordingly contended that the ground on which petitioner was dis-engaged vide order under Annexure-8 confirmed vide order under Annexure-10 and 12 are not sustainable in the eye of law.

5. Learned Addl. Standing Counsel basing on the sta