ORISSA HIGH COURT ISSUES ORDER ON NARESH CHANDRA MOHANTY V/S OM PRAKASH SINGH, CMD

CUTTACK, India, Feb. 23 -- Orissa High Court issued the following order on Jan. 22:

1. The above noted review petition has been filed by the Petitioner, who happens to be the Writ Petitioner, in person under Section 114 read with Order-47 of the Code of Civil Procedure seeking review of the judgment and order dated 23.02.2024 passed by this Court in CONTC No.3931 of 2023, arising out of W.P.(C) No.10786 of 2022.

2. Heard Mr. Naresh Chandra Mohanty, the Petitioner-inperson, as well as Mr. S.D. Das, learned Senior Counsel appearing for the Opposite Parties. Perused the review petition and the documents annexed thereto.

3. The factual backdrop of the Petitioner's case, in a nutshell, is that earlier the Petitioner had approached this Court by filing a Writ Petition bearing W.P.(C) No.10786 of 2022 with a prayer for a direction to the Opposite Party No.2 to appoint him in the post of Electrician CAT-III (T) which was lying vacant as per Annexure-9 to the writ petition, by restoring the seniority as per the select list which was published by the MCL in the year 1996 or, in the alternative, pay the Petitioner adequate compensation for the damages caused to him as a result of arbitrary and whimsical act of the Opposite Parties.

4. The above noted Writ Petition filed by the Review Petitioner was heard and disposed of vide judgment dated 24.02.2023 by directing the Petitioner to approach the Opposite Parties along with copy of the judgment and in such eventuality, it was further directed that the Opposite Parties shall consider the case of the Petitioner for appointment of the Petitioner on contractual basis as an Electrician in MCL subject to the eligibility and suitability of the Petitioner. A further direction was also given to the effect that in the event it was found that the Petitioner is age-barred, then the Opposite Parties shall also consider the case of the Petitioner and give him an engagement on contractual basis subject to availability of the post and requirement of service of Electrician in MCL. The aforesaid direction of this Court was subject to the condition that the same shall not confer any right upon the Petitioner and he cannot claim any post as a matter of right and, that such a direction was given only in the factual background of the present case.

5. After disposal of the writ petition, the Petitioner approached the Opposite Parties to consider his case in terms of the judgment dated 24.02.2023. Since the Opposite Parties did not consider his case in terms of the aforesaid judgment, the Petitioner filed a contempt application bearing CONTC No.3931 of 2023. The Opposite Parties-Contemnors appeared in the contempt application and submitted their show cause reply stating therein that the Opposite Parties-Contemnors shall take prompt steps for complying with the judgment dated 24.02.2023. In the show cause affidavit, the Opposite Parties-Contemnors have also referred to the chequered history of the present case and have indicated details of a series of litigations initiated at the instance of the present Petitioner against the Opposite Party-Corporation.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqBqqEfqrOZcQXyIJ%2BYA19%2FNhbw%2BWhPm%2BbtsWMOBqtONQ&caseno=RVWPET/102/2024&cCode=1&cino=ODHC010207642024&state_code=11&appFlag=)

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