Binaya Kumar Gochhi vs State Of Odisha And Others
2023 Latest Caselaw 2683 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C) No.9242 of 2023
                 Binaya Kumar Gochhi                   ....            Petitioner
                                                   Mr.Niranjan Panda, Advocate

                                              -versus-

                 State of Odisha and others              ....     Opposite Parties
                                                         Mr.N.K.Praharaj, A.G.A.
                                         CORAM:

                            JUSTICE A.K. MOHAPATRA

                                           ORDER

Order No.                                 03.04.2023
    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel for the Petitioner and learned Additional Government Advocate.

3. The Petitioner has filed the present writ application with the following prayer:

"That the Petitioner therefore prays that this Hon'ble Court may graciously be pleased to admit this Petition. Issue notice to the Opposite Parties. By considering the facts and grounds stated above the service of the Petitioner may regularized with effect from the period the Petitioner has completed ten years in service as per the decision of Hon'ble Apex Court. Further, a direction may issue to Opposite Parties for release of all service benefit treating him as regular Employee from the said period soon.

And may pass any other order/orders as deem fit and proper in the interest of justice."

4. In course of hearing of the writ application, learned counsel for the Petitioner submits that the Petitioner ventilating his grievance has // 2 //

submitted representation before the Divisional Forest Officer (K.L. Division), Bolangir, Opposite Party No.3 under Annexure-7. It is also submitted by the learned counsel for the Petitioner that the said representation is pending as of now. It is also submitted by the learned counsel for the Petitioner that a direction be issued to the Principal Chief Conservator of Forests, Odisha, Opposite Party No.2 to consider the representation of the Petitioner under Annexure-7 within a stipulated period of time.

5. Learned Additional Government Advocate submits that he has no objection if the representation of the Petitioner is considered by the Opposite Party No.2, which is stated to be pending, in accordance with law within a stipulated period of time.

6. Considering the limited nature of grievance of the Petitioner, the writ application is disposed of at the stage of admission with a direction to the Opposite Party no.2 to consider the representation of the Petitioner under Annexure-7 in accordance with law taking into consideration the law laid down in the judgment of the Apex Court in 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 period of two months from the date of production of certified copy of this order. The Opposite Party No.2 shall do well to dispose of the representation of the Petitioner under Annexure-7 by passing a speaking and reasoned order.

7. With the aforesaid observation, the writ application stands disposed of.

RKS                                          ( A.K. Mohapatra )
                                                    Judge
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