Bhagaban Jena vs Commissioner-Cum-Secretary
2021 Latest Caselaw 8473 Ori

       IN THE HIGH COURT OF ORISSA AT CUTTACK
                      WPC (OAC) No.3802 of 2017

Bhagaban Jena                                 .....                       Petitioner
                                                        Mr. S.N. Biswal, Advocate
                                        Vs.
Commissioner-cum-Secretary,                   .....                  Opposite parties
H&UD Deptt., Odisha and others                                       State Counsel


            CORAM:
                DR. JUSTICE B.R. SARANGI

                                          ORDER

12.08.2021

Order No. This matter is taken up by video conferencing mode.

The petitioner has filed this writ petition seeking direction to the opposite parties to absorb him in the post of pump driver permanently w.e.f. the year 2004 and release all the consequential service and financial benefits, as well as back wages in his favour with interest @18% within a stipulated time.

In course of hearing, learned counsel for the petitioner states that the petitioner may be permitted to file a fresh representation before the opposite party no.1 highlighting his grievance and direction may be given to consider the same taking into consideration the judgments of the apex Court State of Karnataka v. Umadevi, 2006(4) SCC 1, State of Karnataka and others v. M.L.Keshari and others, 2010(II) OLR (SC) 982 and Amarkanti Rai v. State of Bihar and others, (2015) 8 SCC 265 within a stipulated time.

Considering the facts and circumstances of this case, but, however, without expressing any opinion on the merits of the case, this writ petition stands disposed of with the direction that in case the petitioner, with regard to the grievance made in this petition, files a fresh comprehensive representation before the opposite party no.1 within 15 days hence, the same shall be considered by the said authority taking into consideration the judgments of the apex Court State of Karnataka v. Umadevi, 2006(4) SCC 1, State of Karnataka and others v. M.L.Keshari and others, 2010(II) OLR (SC) 982 and Amarkanti Rai v. State of Bihar and others, (2015) 8 SCC 265, and pass a reasoned and speaking order as expeditiously as possible, preferably within a period of three months from the date of receipt of such representation along with the authenticated/certified copy of this order.

Issue urgent certified copy as per rules.

Ashok (DR. B.R. SARANGI) JUDGE