Bhakta Padarbinda Rath vs State Of Orissa & Others

S. K. Mishra, J

This matter is taken up through hybrid mode.

Heard Mr. J. Rath, learned Senior Counsel for the Petitioner, so also Mr. Rout, learned Additional Standing Counsel for the State.

During the course of hearing, learned counsel for the Petitioner brings to the notice of the Court regarding communication dated 05.07.2013, as at Annexure-16, made by the Principal Chief Conservator of Forests (WL) & Chief Wildlife Warden, Odisha addressed to the Principal Secretary to Government, Forest & Environment Department, Odisha, Bhubaneswar, wherein a request was made to the Government to create 11 posts of Research Fellows in Wildlife Organisation with further indication in the said letter that once the posts are created, further follow up action will be taken and a request was made to the Government to expedite the said process.

In response to the said communication dated 05.07.2013, the Additional Secretary to Government, Government of Odisha, Forest and Environment Department, vide letter dated 01.01.2014, as at Annexure-4, wrote to the P.C.C.F.,(W.L.) & CWLW, Odisha, Bhubaneswar indicating therein that the Finance Department have been pleased to accord post facto approval of 11 numbers of Research Fellows engaged by P.C.C.F.,(W.L.) & CWLW, Odisha. The contents of the said letter are reproduced below:

“To

The P.C.C.F.,(W.L.)& CWLW, Odisha, Bhubaneswar

Sub: Creation of 11 posts of Research Fellows in Wildlife Organisation in compliance to the decision in item No.8 of 2nd meeting of State Board for Wildlife.

Sir,

In inviting a reference to your letter No.5550 dt.5.7.2013 on the above subject I am directed to say that Govt. in Finance Department have been pleased to accord post facto approval of 11 nos of Research Fellows engaged by P.C.C.F.,(W.L.)& CWLW, Odisha.

Further enhancement of Monthly remuneration of the above Research Fellows from Rs.10,000/- to Rs.12,000/- has also been concurred by the Finance Department.

This has been concurred by the Finance Department vide UOR No.204 dt.11.10.2013.

Yours faithfully,

Sd/-

Additional Secretary to Government”

(Emphasis supplied)

Since the sole stand of the State-O.Ps. is because of non-approval of posts by the Finance Department, the prayer of the petitioner so also similarly placed others for their permanent absorption could not be considered. Mr. Rout, learned Additional Standing Counsel, is directed to produce the said communication made by the Finance Department in form of an Affidavit, based on which communication dated 01.01.2014 was made by the Additional Secretary to Government to the P.C.C.F. (W.L.) and CWLW, Odisha as detailed above.

Mr. Rout prays for ten days time to take instruction and file the affidavit. Prayer for time is allowed.

The affidavit be filed along with the approval accorded by the Finance Department by 10th April, 2023 after serving copy of the same on the learned counsel for the petitioner.

Matter be listed on 12.04.2023.

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