Orissa High Court
Gangadhar Pradhan vs State Of Odisha And Others on 3 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.24238 of 2023
Gangadhar Pradhan .... Petitioner
Mr. K.C. Sahu, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. T. Pattanaik, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 03.08.2023
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. Perused the writ application as well as
documents annexed thereto.
3. The present writ petition has been filed by the petitioner with
the following prayers:
"In view of the facts & submissions mentioned
above the petitioner prays for 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
Opp. 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 Opp.party No-5 got such promotion
as per order under Annexure-6, dtd.
27.08.2016 so also others as per Annexure-
// 2 //
4 by granting all consequential service &
financial benefits including the revision of
pension & other retirement benefits in view
of the judgment of Hon'ble High Court
passed in W.P.(C) No.17013/2006 under
Annexure-3 so also taking into account
Annexure-8 & 9 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. It is submitted by learned counsel for the petitioner that
although the petitioner has filed representation dated 21.08.2022
under Annexure-7 before the Director of Horticulture, Odisha,
Bhubaneswar-Opposite Party No.2, 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 Director of Horticulture, Odisha,
Bhubaneswar-Opposite Party No.2 to consider the representation of
the petitioner in accordance with law within a stipulated period of
time.
6. Considering the submissions made, the limited nature of
grievance involved in the present writ petition, keeping in view the
case of the petitioner, this Court disposes of the writ petition at the
stage of admission with a direction to the Director of Horticulture,
Odisha, Bhubaneswar-Opposite Party No.2 to consider the
representation of the petitioner dated representation dated 21.08.2022
under Annexure-7 taking into account Annexures-5, 6, 8 and 9 in
accordance with law within a period of two months from the date of
production of certified copy of this order. It is needless to mention
here that the representation of the petitioner shall be considered and
// 3 //
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.
7. With the aforesaid observation/direction, the writ petition is
disposed of.
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra)
Judge
Jagabandhu
Signature Not Verified
Digitally Signed
Signed by: JAGABANDHU BEHERA
Designation: Secretary-in-Charge
Reason: Authentication
Location: OHC, CUTTACK
Date: 04-Aug-2023 19:11:24
