Orissa High Court
Indramani Mallick vs State Of Odisha And Others on 24 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.27365 of 2023
Indramani Mallick .... Petitioner
Mr. G.R. Sethi, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. Iswar Mohanty, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 24.08.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
counsel for the State-Opposite Parties.
3. The present writ petition has been filed by the Petitioner with the
following prayers:-
"It is therefore humbly prayed that this Hon'ble
Court may graciously be pleased to admit the case, call
for the records and after hearing both the parties pass the
following reliefs;
i) To direct the Opp. Parties to regularize the service
of the petitioners as per the ratio decided in the
case Secretary, State of Karnatak versus Umadevi
(AIR 2006 SC 1806) and State of Karnataka Vrs.
M.L. Keshari (2010) 9 SCC 243.
ii) To direct the Opposite Parties to grant all financial
and consequential benefits flowing from
regularization of his service.
And pass such other order/orders as may be
// 2 //
deemed fit and proper for the interest of justice."
4. It is submitted by learned counsel for the Petitioner that although
the Petitioner has filed representation under Annexure-2 before the
Opposite Party No.2, but the same is still pending before the said
Opposite Party and the said Opposite Party has not taken any decision
as of now.
5. Learned counsel for the State submits that he has no objection, if
a direction is given to the authority concerned to consider the
representation of the Petitioner in accordance with law within a
stipulated period of time.
6. Considering the submissions made by the learned counsels for
the respective parties and without expressing any opinion on the merits
of the case, this Court disposes of the writ petition at the stage of
admission with a direction to the Opposite Party No.2 to consider the
representation of the Petitioner under Annexure-2 by taking into
consideration the judgments of the Hon'ble Supreme Court in the cases
of Secretary, State of Karnataka v. Umadevi, reported in 2006 (4) SCC
1; State of Karnataka v. M.L. Keshari, reported in 2010 (9) SCC 247;
Nihal Singh & Others v. State of Punjab & Others, reported in 2013
(14) SCC 65; and Amarkant Rai v. State of Bihar & Others, reported
in 2015 (8) SCC 265, within a period of two months from the date of
production of a certified copy of this order. It is needless to mention
here that the representation of the Petitioner shall be considered and
disposed of by passing a speaking and reasoned order. Any decision so
taken on the said representation shall be communicated to the Petitioner
within a period of two weeks thereafter.
Signature Not Verified
Digitally Signed
Signed by: DEBASIS AECH
Designation: Secretary ( A.K. Mohapatra)
Reason: Authentication
Location: OHC CUTTACK Judge
Date: 29-Aug-2023 16:56:35
Debasis
