Kanchan Behera vs State Of Odisha And
2023 Latest Caselaw 3883 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.(C) No.11834 of 2023

        Kanchan Behera                      ....                 Petitioner
                                             Mr. Pitambar Panda, Advocate

                                         -versus-
        State of Odisha and
        Others                              ....               Opposite Parties
                                                                State Counsel

                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                           ORDER

20.04.2023 Order No.

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

2. Heard learned counsel for the Petitioner and learned counsel for the Opposite Parties.

3. The Petitioner has filed the present Writ Petition with the following prayer:-

<It is therefore, most humbly prayed that this Hon'ble Court may graciously be pleased to

i) Admit the writ application;

ii) Call for the records;

iii) Issue rule Nisi calling upon the Opp. Parties to show cause as to why the Petitioner shall not be considered to avail the benefit of Sikshya Sahayak pursuant to the Resolution dtd. 16.02.2008 & career advance policy dtd. 01.08.2011, failing to show cause or showing insufficient cause/no cause, issue the writ of mandamus directing the Opp. Party No.1 to consider the case of the Petitioner in the light of judgment dtd. 05.03.2020 in the case of Dhananjay Charan Dey and Others Vrs. State of Odisha and others in W.P.(C) No.31679 of 2011 which is upheld in the Hon'ble Apex Court vide // 2 //

order under Annexure-8, extending the all consequential service benefits pursuant to the career advancement policy dtd. 01.08.2011 regularizing the petitioner with effect from 03.05.2014, the date on which 6 years of service completed.

iv) And/or pass such other order/orders, direction/directions as this Hon'ble Court may think fit and proper for the ends of justice.=

4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a detailed representation before Opp. Party No.1 by enclosing all the relevant documents and citations in support of his claim, if any, within a period of three weeks hence.

5. It is observed that if such a representation is filed within the aforesaid period, Opp. Party No.1 shall do well to take a lawful decision on the same within a period of three months from the date of receipt of such representation. The order so passed by the Opp. Party No.1 be communicated to the petitioner.

6. With the aforesaid observation and direction, the Writ Petition is disposed of.

(Biraja Prasanna Satapathy) Judge

Basudev