The State Of Odisha vs. Suryokanta Dwibedi

ITEM NO.8 COURT NO.11 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). 40492/2018

(Arising out of impugned final judgment and order dated 03-07-2017 in WP(C) No. 2538/2017 03-07-2017 in WP(C) No. 2515/2017 03-07-2017 in WP(C) No. 2537/2017 passed by the High Court Of Orissa At Cuttack)

THE STATE OF ODISHA & ORS. Petitioner(s)

VERSUS

SURYOKANTA DWIBEDI ETC. Respondent(s)

(FOR ADMISSION and I.R. and IA No.1662/2019-CONDONATION OF DELAY IN FILING and IA No.1667/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.1664/2019-CONDONATION OF DELAY IN REFILING)

Date : 14-01-2019 This petition was called on for hearing today.

CORAM :

HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE HEMANT GUPTA

For Petitioner(s)

Mr. Sibo Sankar Mishra, AOR Mr. M.K. Pandey, Adv. Mr. Niranjan Sahu, Adv.

For Respondent(s)

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

Learned counsel appearing on behalf of the petitioners has made a twofold submission. First, it has been urged that the respondent was appointed under the National Rural Health Mission, a centrally sponsored scheme and is not therefore, entitled to the benefit of the resolution of the State Government to the effect that persons with contractual service of six years should be considered for regular appointment. Digitally signed by MANISH SETHI Date: 2019.01.15 17:23:14 IST Reason: Signature Not Verified

The second submission is that in paragraph 14 of the judgment of the Odisha Administrave Tribunal, a mandamus has been issued for the continuance of the respondent in service on a contractual basis until the attainment of six years and thereafter for regularisation.

It has been urged that such a mandamus could not have been issued.

Issue notice on the application for condonation of delay as well as on the special leave petition returnable in six weeks.

In the meantime, no coercive steps shall be taken against the petitioner on the basis of the impugned order.

COURT MASTER (SH) BRANCH OFFICER

(MANISH SETHI) (SAROJ KUMARI GAUR)