Raj Kiran Bainsal vs Central Mine Planning And Design
2023 Latest Caselaw 7544 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  W.P.(C) No.19026 of 2023

            Raj Kiran Bainsal                             ....               Petitioner
                                                                Mr. T. Dash, Advocate
                                        -versus-
            Central Mine Planning and Design              ....        Opposite Parties
            Institute Ltd., BBSR & another
                                                                    Mr. S. Das, A.G.A.
                         CORAM:
                         JUSTICE A.K.MOHAPATRA

                                            ORDER

13.07.2023 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:-

"The Petitioner therefore prays that the Hon'ble Court may kindly be pleased to admit the writ petition and to issue a "RULE NISI" to the Opposite Parties to show cause as to;

(I) Why Opp. Parties will not direct to provide job under the Rehabilitant Assistance Scheme as case of the Petitioner is genuine case and legally entitled for the said job which is not considering by the Opposite Parties till date; And may pass any other order/orders, direction/directions as this Hon'ble Court deem fit and proper in the interest of justice."

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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 counsel for the State-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 Opposite Party No.1 within a period of two weeks from today and in the event such representation is filed before the Opposite Party No.1, the Opposite Party No.1 shall do well by passing a speaking and reasoned order within a period of two months taking into consideration the judgment rendered by the Hon'ble Supreme Court in the case of Malaya Nanda Sethy vrs. State of Orissa and others : reported in 2022(II) OLR(SC)-1 and State of West Bengal-v.-Debabrata Tiwri passed in Civil Appeal No.8842 of 2022 decided on 3rd of March, 2023 reported in (2023 (3) SCALE-557 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: 14-Jul-2023 12:17:17