Orissa High Court
Madan Mohan Pattanayak vs State Of Odisha And Others .... Opposite ... on 4 December, 2023
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.38733 of 2023
Madan Mohan Pattanayak .... Petitioner
Mr.K.C.Sahu, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr.Saswat Das, A.G.A
.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 04.12.2023
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.
3. The Petitioner has filed the present writ application with the
following prayer:
" In view of the facts and submissions mentioned above,
the Petitioner prays for the following relief(s):-
i) The Hon'ble Court be pleased to admit and 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 13.09.2020 i.e. from the date of
Opp.Party No.5 got such promotion as per order under
Annexure-6 dated 27.08.2016 so also others as per
Annexure-4 by granting all consequential service and
financial benefits including the revision of pension and
other retirement benefits in view of the judgment of
// 2 //
Hon'ble High Court passed in W.P.(C) No.17013/2006
under Annexure-3 so also taking into account
Annexure-8 and 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. In course of hearing of the Writ Petition, learned counsel for
the Petitioner submits that the Petitioner ventilating his grievance has
submitted representation before the Director of Horticulture, Odisha,
Opposite Party No.2 under Annexure-7. It is also submitted by the
learned counsel for the Petitioner that the said representation is
pending as of now. It is also submitted by the learned counsel for the
Petitioner that a direction be issued to the Opposite Party No.2 to
consider the representation of the Petitioner under Annexure-7 within
a stipulated period of time.
5. Learned Additional Government Advocate submits that he has
no objection if the representation of the Petitioner is considered by
the Opposite Party No.2, which is stated to be pending, in accordance
with law within a stipulated period of time.
6. Considering the limited nature of grievance of the Petitioner,
and without expressing any opinion on the merits of the case, the
Writ Petition is disposed of at the stage of admission with a direction
to the Opposite Party no.2 to consider the representation of the
Petitioner under Annexure-7 in accordance with law taking into
consideration Annexre-3,8 & 9 within a period of two months from
the date of production of certified copy of this order. The Opposite
Party No.2 shall do well to dispose of the representation of the
Petitioner under Annexure-7 by passing a speaking and reasoned
order. The decision taken on the representation of the Petitioner be
communicated to the Petitioner within two week from the date of
// 3 //
taking such decision.
7. With the aforesaid observation, the writ application stands
disposed of.
8. Issue urgent certified copy of this order as per Rules.
RKS ( A.K. Mohapatra )
Judge
Location: High Court of Orissa
