Akshaya Kumar Mishra vs State Of Odisha & Ors
2023 Latest Caselaw 508 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                        WPC(OAC) No.1199 of 2014

        Akshaya Kumar Mishra                   ....                   Petitioner

                                              -versus-

        State of Odisha & Ors.                 ....                  Opposite Parties


                             CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                       ORDER

16.01.2023 Order No

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

2. Heard learned counsel for the Petitioner and learned counsel appearing for the Opp. Parties.

3. The Petitioner has filed the present Writ Petition with the following prayer:-

"(A) Necessary order / orders be issued directing the Respondents to count the service seniority of the applicant w.e.f.02.07.1984 and accordingly direct for correction of the position of the applicant in the combined Junior S.E.S. Gradation List from SI. No.2885 to 1 (or either to 174 in case of deemed date of appointment on deduction of 50% non. Govt. period of service) and thereafter, all the consequential promotional benefits be given to the applicant from the date, juniors have been given promotion to the post of Sr. SES and further to the post of OES Class-II (SB) if necessary in the interest of justice, by declaring the govt. resolution and notification under Annexure-7 & 8 and the consequential gradation list so far applicant is concerned are arbitrary and ultravirus to the Validation Act 1989.

(B) And/or pass any other order/orders, direction/directions so as to give complete relief to the // 2 //

applicant as deemed fit and proper by granting the entire length of service seniority and financial benefits following the ratio of the judgment reported in OLR 1991(1) (SC) P-460 and also as per the provisions of the Validation Act, 1989, from the date, the applicant is entitled to have such benefits of seniority and promotion."

4. Learned counsel for the Petitioner submits that through highlighting his grievances, the Petitioner has filed an application at Annexure-12 to the Writ Petition before the O.P. No. 1, but till date nothing has been done in the matter. In such background, learned counsel for the Petitioner prays that a direction be issued to Opposite Party No. 1 to take a decision on the above noted Petition within a specific time period.

5. Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs Opposite Party No. 1 to take a decision on the above noted petition taking into account Annexure-5 in accordance with law within a period of three (3) months from the date of receipt of this order and communicate the result of such exercise to the Petitioner.

6. The Writ Petition is disposed of accordingly.

(Biraja Prasanna Satapathy) Judge

Sneha