Orissa High Court
Sitaram Behera vs State Of Odisha And Others on 2 January, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.34461 of 2022
Sitaram Behera .... Petitioner
Mr. B.R. Tripathy, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. T.K. Pattanaik, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 02.01.2023
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 record.
3. The present writ petition has been filed by the petitioner with
the following prayers:
"The petitioner, therefore, humbly prays that this
Hon'ble court may graciously be pleased to admit the
writ petition after hearing both the parties may be
pleased to issue writ of mandamus/certiorari or any
other Writ/direction which will deemed fit and proper in
directing the Opp.parties to regularize the petitioners
service as per the recommendations under annexure-3 &
4 with all consdquential service benefit;
And pass any other order/orders,
direction/directions as this Hon'ble Court may deem fit
and proper."
4. It is submitted by learned counsel for the petitioner that the
petitioner was initially engaged as a casual labourer under Opposite
Party No.4 since 21.10.1990. It is further contended that the
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petitioner has completed 31 years of service in the meantime.
Further, learned counsel for the petitioner submits that although the
case of the petitioner has been considered and recommended by the
Opposite Party No.3 to the Director, Animal Husbandry and
Veterinary Services, Odisha, Cuttack-Opposite Party No.2 vide letter
No.2229/CDVO(B) dated 16.11.2021, no action has been taken on
such recommendation by the Opposite Party No.2 as of now.
6. Learned counsel for the State, on the other hand, submits that he
has no objection if permission is granted to the petitioner to file a fresh
representation before the Director, Animal Husbandry and Veterinary
Services, Odisha, Cuttack-Opposite Party No.2 and the same is
considered and disposed of in accordance with law.
7. Considering the aforesaid submissions made by the respective
parties and upon considered the conspectus of the present case, this
Court disposes of the writ petition at the stage of admission with a
direction to the petitioner to file a fresh representation highlighting his
grievances along with copies of the relevant documents in support of his
claim before the Director, Animal Husbandry and Veterinary
Services, Odisha, Cuttack-Opposite Party No.2 within a period of
three weeks from today. In the event such a representation is filed
within the aforesaid period, the same shall be considered strictly in
accordance with law within a period of two months from the date of
receipt of the representation.
8. It is further directed that the case of the petitioner shall be
considered keeping in mind by the Opposite Party No.2 in the light of
the judgment of the Hon'ble Apex Court in Umadevi and M.L.
Keshari as well as Amarkanti Rai v. State of Bihar and others,
(2015) 8 SCC 265 as well as in the case of Basanta Kumar Barik v.
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State of Odisha and others (WPC(OA) No.616 of 2017 decided on
26.11.2021) within a period of two months from the date of
production of certified copy of this order. Any decision so taken on
the said representation shall be communicated to the petitioner within
a period of two weeks thereafter.
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra )
Judge
Jagabandhu
