UDAYABHANU MISHRA Vs. STATE OF ORISSA AND OTHERS

JUDGEMENT

(1.) Heard Shri S.K. Nayak, learned counsel appearing for the petitioner, Shri K.K. Mishra, learned Addl. Government Advocate appearing for the State-contesting opposite party nos.1 and 2 and Shri S. Lenka, learned counsel appearing for opposite party no.3-Municipal Commissioner, Cuttack Municipal Corporation.

(2.) This writ petition is filed with a prayer for regularizing the petitioner's service with effect from 17.05.1999 to 28.01.2000.

(3.) Taking this Court to the facts scenario involving the case of the petitioner, Shri Nayak, learned counsel appearing for the petitioner submitted that though the petitioner was initially appointed as a Junior Assistant on N.M.R. basis in Cuttack Municipality, presently a Corporation in the year 1990, but the petitioner's service was regularized along with similarly situated employees by virtue of Annexure-1 issued on 17.05.1999. But, in a subsequent development, the petitioner's service was transferred from Cuttack Municipal Administration to Baripada Municipal Administration. Unfortunately, for a bad financial condition of the Baripada Municipality, the petitioner's joining report was not accepted by the Baripada Municipality and the inability to accept the petitioner's joining was communicated by the Baripada Municipality to the competent authority immediately vide their correspondence dated 29.05.1999. For the delayed action at the level of the State, particularly with the Secretary, H & U.D., the petitioner's service was accepted in the Cuttack Municipality on a subsequent date of 28.01.2000. It is under the premises, it is contended by Shri Nayak, learned counsel appearing for the petitioner that petitioner is not responsible for joining with the Cuttack Municipality in time, rather for immediate effective steps by the competent authority, the petitioner's joining report has been accepted at a later stage and, therefore, the petitioner should not be made to suffer for no fault of him. It is under the premises, Shri Nayak, learned counsel appearing for the petitioner requested this Court for issuing necessary direction to the competent authority for regularizing the service of the petitioner from 17.05.1999 instead of w.e.f. 28.01.2000.