Citation : 2023 Latest Caselaw 8277 Ori
Judgement Date : 31 July, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.23630 of 2023
Santosh Kumar Patra .... Petitioner
Mr. S. Routray, Advocate
-versus-
State of Odisha and another .... Opp. Parties
Mr. N.K. Praharaj, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 31.07.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned counsel for the State-Opposite Parties.
3. The present writ petition has been filed by the Petitioner with the following prayers:-
"It is therefore, most humbly prayed that this Hon'ble Court be graciously pleased to:
i) Admit the writ application.
ii) Call for the record.
iii) Issue a writ in the nature of mandamus or any other writ/writs, direction/directions directing the opposite parties to regularize/absorb the service of the petitioner as Assistant Executive Officer (C) in terms of the Judgment passed by this Hon'ble Court in W.P.(C) No.24000/2019 disposed of on 07.12.2022 under Annexure- // 2 //
9, notification dated 14.05.2019 and Notification dated 07.11.2022 under annexure:6 Series and the Notification dated 23.06.2023 under Annexure-10 and further the Opp. Parties be directed to extend to all the service and financial benefits as has been extended to his counterparts working in the Water Resource Department as referred above within a reasonable time to be stipulated by this Hon'ble Court.
iv) And/or pass such other order/orders, direction/directions as this Hon'ble Court may deems fit and proper for the ends of justice."
4. It is submitted by learned counsel for the Petitioner that although the Petitioner has filed representation under Annexure-7 Series before the Opposite Party No.1, but the same is still pending before the said Opposite Party and the said Opposite Party has not taken any decision as of now.
5. Learned counsel for the State submits that he has no objection, if a direction is given to the authority concerned to consider the representation of the Petitioner in accordance with law within a stipulated period of time.
6. Considering the submission made by the learned counsel for the Petitioner and without expressing any opinion on the merits of the case, this Court disposes of the writ petition at the stage of admission with a direction to the Opposite Party No.1 to consider the representation of the Petitioner under Annexure-7 Series taking into consideration Annexures-6, 8, 9 and 10 in accordance with law within a period of two months from the date of production of a certified copy of this order. It is needless to mention here that the representation of the Petitioner shall be considered and disposed of // 3 //
by passing a speaking and reasoned order. Any decision so taken on the said representation shall be communicated to the Petitioner within a period of two weeks thereafter.
( A.K. Mohapatra) Judge Debasis
Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Designation: Secretary Reason: Authentication Location: OHC CUTTACK Date: 02-Aug-2023 11:29:01
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