Engineer-In-Chief, Public Health, Odisha vs. Nandakishore Sethy

ITEM NO.29 + 66 COURT NO.5 SECTION XI-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 11070/2024

(Arising out of impugned final judgment and order dated 20-11-2023 in WA No. 2426/2023 passed by the High Court of Orissa at Cuttack)

STATE OF ODISHA & ORS. Petitioner(s)

VERSUS

CHITA RANJAN BISWAL & ORS. Respondent(s)

(IA No.116284/2024-CONDONATION OF DELAY IN FILING and IA No.116286/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.116287/2024-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS and IA No.116281/2024-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES )

WITH

Item NO.66 SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 19030/2024

Date : 23-08-2024 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE S.V.N. BHATTI

For Petitioner(s) Ms. Samapika Biswal, AOR Ms. Soumya Sannidhanam, Adv. Mr. Aman Kumar Yadav, Adv. Mr. Dhananjaya Mishra, AOR Mr. Ayan Rai, Adv. Mr. Nikhil Bhatia, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Delay condoned.

2. Mr. Dhananjaya Mishra, learned counsel appearing for the petitioner(s) would submit that the respondents are Daily Labour Roll (DLR) and the learned Single Judge having considered that they have served for 20 years are entitled to be absorbed in the regular establishment by observing that they must have continued against substantive vacancies. The counsel submits that such an assumption would be incorrect as absorption would mean creation of Posts for the DLRs.

3. The above decision of the learned Single Judge was challenged by the State in Writ Appeal but the same was dismissed on the ground of delay.

4. Issue notice, returnable in four weeks. Tag with SLP Diary No.25160/2024.

5. In the meantime, the contempt proceedings should not proceed.

(DEEPAK JOSHI) (KAMLESH RAWAT) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR