Kusha Naik vs State Of Odisha And Others
2022 Latest Caselaw 363 Ori

       IN THE HIGH COURT OF ORISSA AT CUTTACK
                      W.P.(C) No. 40790 of 2021

 Kusha Naik                              .....                  Petitioner
                                               Mr. L. Mohanty, Advocate
                                    Vs.
 State of Odisha and others           .....               Opposite parties
                                                          State Counsel


            CORAM:
               DR. JUSTICE B.R. SARANGI

                                         ORDER

18.01.2022

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

2. The petitioners have filed this writ petition seeking direction to the opposite parties to regularize his service against any class-IV/sweeper post as per order of appointment dated 07.01.2000 under Annexure-3 and G.A. Department resolution dated 17.09.2013 under Annexure-4 within a stipulated time.

3. In course of hearing, learned counsel for the petitioner states that the petitioner has already made representation before opposite party no.2 vide Annexure-6, and the same may be directed to be disposed of within a stipulated time taking into consideration Annexure-4 and judgments of the apex Court in the cases of 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.

4. 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 directing opposite party no.2 to consider the representation filed by the petitioner under Annexure-6 taking into consideration Annexure-4 and judgments of the apex Court in the cases of 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 the certified copy of this order.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed, vide Court's Notice No.4587 dated 25th March, 2020, as modified by Court's notice no. 4798 dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

Ashok (DR. B.R. SARANGI) JUDGE