Nrusingha Charana Sahoo vs State Of Odisha & Others
2023 Latest Caselaw 9738 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                              W.P.(C) No.25935 of 2023

            Nrusingha Charana Sahoo                   ....               Petitioner
                                                        Mr. L.P. Dwivedy, Advocate
                                          -versus-
            State of Odisha & others                  ....        Opposite Parties
                                                                Mr. S. Das, A.G.A.
                      CORAM:
                      JUSTICE A.K.MOHAPATRA

                                      ORDER

Order No.                            22.08.2023
   01.      1.      This matter is taken up through Hybrid Arrangement
            (Virtual/Physical Mode).

2. Heard learned counsel for the Petitioner and learned Addl. Government Advocate appearing for the Opposite Parties.

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

"Under the aforesaid facts and circumstances of the case, it is therefore, prayed that this Hon'ble Court may graciously be pleased to:

i) direct/order the Opp.Parties to absorb the Petitioner in the regular Establishment in terms of the Judgments, dt.18.08.1993, passed in T.A.No.47 of 1993 and dt.18.04.1995, passed in T.A.No.54 of 1995 of the learned Tribunal as at Annexure-1 and 4 with all consequential service and monetary benefits, within a stipulated period as may be prescribed by this Hon'ble Court;

ii) pass such other order(s) or issue direction(s) as may be deemed fit and proper in the bona fide 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 // 2 //

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 counsel for the Opposite Parties 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 Chief Engineer, Upper Kolab Project, Bariniput, Koraput- Opposite Party No.3 within a period of three weeks from today. Let the Petitioner approach the Opposite Party No.3 by filing a fresh representation taking therein all the grounds along with all supporting documents including a copy of the order under Annexure-1 to the writ application. In the event such representation is filed before the Opposite Party No.3, the Opposite Party No.3 shall do well keeping in view the principle laid down by the Odisha Administrative Tribunal under Annexure-1 which was confirmed by the Hon'ble Supreme Court by passing a speaking and reasoned order within a period of two months from the date of filing of such representation and the decision thereof so taken shall be communicated to the Petitioner within two weeks thereafter.

(A.K. Mohapatra) Judge Anil

Signature Not Verified Digitally Signed

Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 23-Aug-2023 11:37:18