Sri Bijoy Kumar Mishra vs State Of Odisha & Others
2023 Latest Caselaw 9697 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               W.P.(C) No.26656 of 2023

            Sri Bijoy Kumar Mishra                  ....                Petitioner
                                                           Mr. R. Roy, Advocate
                                         -versus-
            State of Odisha & others                ....        Opposite Parties
                                                          Mr. N.K. Praharaj, A.G.A.


                        CORAM:
                        JUSTICE A.K.MOHAPATRA


                                        ORDER

21.08.2023 Order No.

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

2. Heard learned counsel for the Petitioner and learned Additional Government Advocate appearing for the State-Opposite Parties.

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

"In view of the above stated facts and circumstances, this Hon'ble Court may graciously be pleased to issue Rule NISI calling upon the Opposite Parties to show-cause as to why necessary directions shall not be issued to treat the period of service rendered by the Petitioner prior to regularization of his service in the post of Junior Stenographer as continuity of service for the purpose of seniority and pensionary benefits and further as to why financial benefits as applicable to regular employees shall not be extended to the Petitioenr from the date of completion of ten years of his service in the said post, And if the Opposite Parties fail to show cause or show insufficient cause this Hon'ble Court may make // 2 //

the said rule absolute by issuing a writ of mandamus directing the Opp. Parties to treat the period of service rendered by the Petitioner prior to regularization of his service in the post of Driver as continuity of service for the purpose of seniority and pensionary benefits, and also extend financial benefits to the Petitioner as applicable to regular employees from the date of completion of ten years of service in the said post, AND further be pleased to issue any other appropriate writ/writs, rule/rules or order/orders, direction/directions as may be deemed fit and proper in the interest of justice."

4. It is submitted by the learned counsel for the Petitioner that the Petitioner wants to make a fresh representation before the authority concerned with a direction from this Court to the authority to consider the case of the Petitioner within a stipulated period of time.

5. Learned Additional Standing Counsel for the State submits that he has no objection if the Petitioner is permitted to file a fresh representation before the authority concerned with a direction to the authority concerned to consider the representation of the Petitioner in accordance with law within the stipulated period of time.

6. Considering such submission and without expressing any opinion on the merit of the case, this Court disposes of the writ petition permitting the Petitioner to make a fresh representation before the Opposite Party No.3 within a period of two weeks from today and in the event such representation is filed before the Opposite Party No.3, the Opposite Party No.3 shall do well by passing a speaking and reasoned order keeping in view the law laid down in this judgment of Ranjan Kumar Das Mohapatra vs. State of Odisha & anr in W.P.(C) No.1147 of 2022 within a period of two months from the date of filing

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of such representation and the decision thereof so taken shall be communicated to the Petitioners within two weeks thereafter.

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

Issue urgent certified copy of this order as per Rules.

(A.K. Mohapatra) Judge Debasis

Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Designation: Secretary Reason: Authentication Location: OHC CUTTACK Date: 24-Aug-2023 12:16:53