Santosh Kumar Behera vs State Of Odisha & Others
2023 Latest Caselaw 3793 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C) No.11813 of 2023

                 Santosh Kumar Behera                    ....            Petitioner
                                                         Mr. K.C. Sahu, Advocate


                                            -versus-

                 State of Odisha & others                ....     Opposite Parties
                                                          Mr. T. Pattnaik, A.S.C.


                                         CORAM:

                            JUSTICE A.K. MOHAPATRA

                                             ORDER

Order No.                                   19.04.2023

    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State-Opposite Parties.

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

"In view of the facts & submissions mentioned above the Petitioner prays for the following relief(s):-

i) The Hon'ble Court be pleased to admit & allow the writ petition.

ii) The Hon'ble Court be pleased to direct the Opposite Parties to give antedated promotion to the Petitioner to the rank of Field Technician and Horticulture Overseer w.e.f.20.11.1998 and 13.09.2010 i.e. from the date of Opposite Party No.5 got such promotion as per order under Annexure-6, dtd.27.08.2016 so also others by granting all consequential service & financial benefits including the revision of pension & other retirement benefits in view of the judgment // 2 //

of Hon'ble High Court passed in W.P.(C) No.17013/ 2006 under Annexure-2 so also taking into account Annexures-7 & 8 within a time bound period for the interest of justice.

iii) The Hon'ble Court may be pleased to pass any order(s)/ direction(s) as deems fit and proper for 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 submitted representation before the Director of Horticulture, Krushi Bhawan, Bhubaneswar-Opposite Party No.2 on 15.04.2020 under Annexure-6. 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 Opposite Party No.2 to consider the representation of the Petitioner under Annexure-6 within a stipulated period of time.

5. Learned Additional Standing Counsel submitted 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. Learned Addl. Standing Counsel further submitted that there is a delay in approaching the authority, therefore, the prayer made by the Petitioner is not sustainable on such ground.

6. Considering the limited nature of the 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-6 taking into consideration Annexures-3, 5, 7 & 8 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-6 by passing a speaking and reasoned // 3 //

order. The order so passed be communicated to the Petitioner within two weeks from the date of such order.

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

8. Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra ) Judge Anil