Swadhin Kumar Sahoo vs State Of Odisha & Others
2023 Latest Caselaw 7628 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 W.P.(C) No.19418 of 2023

                 Swadhin Kumar Sahoo                    ....              Petitioner
                                                             Mr. S.B. Jena, Advocate
                                            -versus-
                 State of Odisha & others               ....       Opposite Parties
                                                              Mr. I. Mohanty, A.S.C.
                                         CORAM:

                           JUSTICE A.K. MOHAPATRA
                                           ORDER

Order No.                                 14.07.2023
    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel for the Petitioner as well as learned Addl. Standing Counsel for the State-Opposite Parties.

4. The Petitioner has filed the present writ application with the following prayer:-

"Under the abovementioned facts and circumstances of the case, this Hon'ble Court may graciously be pleased to direct the Opp.Parties to consider the case of the Petitioner as per Rehabilitation Assistance Rule, 1990 and give appointment to the Petitioner in any post as per his qualification.

Or pass any other order/orders as this Hon'ble Court may deem think fit and proper."

4. In course of hearing of the writ application, learned counsel for the Petitioner submits that the Petitioner ventilating his grievance has submitted representation before the Secretary, Orissa State Ware Housing Corporation, Corporate Office, Bhubaneswar-Opposite Party No.2 on 04.01.2023 under Annexure-9. 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-9 within // 2 //

a stipulated period of time.

5. Learned Addl. Standing Counsel 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, the writ application 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-9 taking into judgments 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 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-9 by passing a speaking and reasoned order. The decision so taken be communicated to the petitioner within two weeks thereafter.

7. With the aforesaid observation, the writ application stands disposed of.

8. Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra ) Judge RKS

Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: Junior Stenographer Reason: Authentication Location: HIgh Court of Orissa Date: 17-Jul-2023 15:52:48