PRANABA KUMAR PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioner -Pranaba Kumar Panda has filed the present writ application seeking a direction to Opp.Parties 2 and 3, namely, the Vice Chairman and the Secretary of Bhubaneswar Development Authority (in short 'BDA') to allow him to join in the post of Junior Enginec r (Mechanical) in which he had been continuously working and with a further prayer to direct regularization of his services with consequential service benefits.

(2.) IN course of hearing of this writ application, by an Order Dated 6.3.2007, directions were issued by this Court permitting the Petitioner, to file a representation before the Vice Chairman, Bhubaneswar Development Authority -Opp. Party No. 2, within a period of ten days and the Vice Chairman was directed to reconsider the case of the Petitioner sympathetically, keeping in view the fact that the Petitioner had served for a considerable length of time in the B.D.A. and to take a decision on the representation within a period of two months from the date of filing of such representation. Pursuant to the said direction, the Petitioner made a representation, but the samecame to be rejected by Opp. Party No. 2 vide letter dated 8.6.2007 on the ground that 'the work load and present staff position in the mechanical wing, there is no further need of any Junior Engineer (Mechanical) in B.D.A.'

(3.) THE Government -in Housing and U.D. Department vide letter dated 11.3.1993 replied to the letter of the Secretary, B.D.A. (Annexure -5) stating that, while it was not permissible to place the services of the Petitioner at the disposal of a foreign body, since the Petitioner was working under a work -charged establishment, the Department had no objection if the Petitioner was absorbed in B.D.A. 'permanently' considering his qualification and suitability. The Government further requested that the representation of the Petitioner sent to the B.D.A. earlier vide Department letter dated 23.11.1992 may be considered for 'regular appointment' (under Annexure -6).