SUDHAKAR TIPATHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Mr. K.K.Swain, learned counsel for the appellant and Mr. J.Katikia, learned Additional Government Advocate for the State.

(2.) Learned counsel for the appellant cited two decisions, i.e., The Management of D.A.V. Public School, Chandrasekharpur v. State Government of Orissa, represented by its Secretary and another , 2010 2 OrissaLR 85 and Employer in Relation to Management of Central Mine Planning and Design Institute Ltd. v. Union of India and Anr. , 2001 2 JT 87 (SC), to contend that this writ appeal is maintainable against the impugned order dated 13.03.2019 passed by the learned Single Judge in I.A. No. 4092 of 2019 pending W.P.(C) No. 17167 of 2017. The writ petition was filed to regularize the services of the petitioner-appellant against the post of Pharmacist with all consequential benefits within a time limit on quashing of Annexures- 11 and 12.

(3.) I.A. No. 4092 of 2019 was filed to stay the order dated 16.02.2019 in Annexure-14 till disposal of the writ appeal. By that order of the Executive Officer, Puri Municipality dated 16.02.2019 vide Annexure-14, the appellant was directed to hand over the detailed charges to one Padosh Mumar Swain, Pharmacist, in charge of Pharmacist, Muncipal Hospital, Swargadwara and Dolabedikona Dispensary with immediate effect. Learned Single Judge dismissed the interlocutory application (I.A.) stating that "since the petitioner was appointed against the substantive post of a Dresser, he was directed to hand over the detailed charge to one Pradosh Mumar Swain and thereby no illegality or irregularity was committed by the authority so as to warrant interference by this Court."