Orissa High Court
Fakir Charan Parida vs State Of Odisha And Others on 15 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.15321 of 2023
Fakir Charan Parida .... Petitioner
Mr. Jayananda Jena, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. Iswar Mohanty, ASC
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 15.05.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
Additional Standing Counsel for the State-Opposite Parties. Perused
the writ petition as well as the documents annexed thereto.
3. The present writ petition has been filed by the Petitioner with
the following prayers:-
"It is therefore humbly prayed that your Lordship
be pleased to admit the Writ Application issue RULE
NISI calling upon the Opposite Parties to show cause
and if the Opposite Parties fails to show cause or shows
insufficient cause, issue appropriate writ, direction and
order directing the Opposite Parties to pass appropriate
Orders of antedated promotion to the rank of Field
Technician in favour of the Petitioner with all the
financial and consequential benefits within a time
frame;
And pass such other Order and Orders as this
// 2 //
Hon'ble Court may deem fit and necessary."
4. It is submitted by the learned counsel for the Petitioner that the
Petitioner is eligible to get antedated promotion as has been held by
this Court in W.P.(C) No.17013 of 2006, which was disposed of by
Division Bench of this Court vide judgment dated 09.11.2010. It is
also submitted by the learned counsel for the Petitioner that the case
of the Petitioner is also covered by the decision of this Court in
WPC(OA) No.1612 of 2019 disposed of vide order dated 10.03.2023.
It is further submitted that pursuant to the aforesaid two orders, the
Government has already extended such benefits to similar situated
candidates. Accordingly, learned counsel for the Petitioner submitted
that the Petitioner has approached the Opposite Party No.1 and 2 by
filing a representation on 22.03.2023 under Annexure-9 to the writ
petition. It is further submitted that no decision has been taken on
such representation as of now.
5. Learned Additional Standing Counsel appearing for the State-
Opposite Parties, on the other hand, submitted that since the
Petitioner had already approached the Opposite Parties No.1 and 2
for redressal of his grievance by filing a representation, he has no
objection in the event this Court directs the Opposite Parties No.1 to
take a decision in accordance with law within a stipulated period of
time.
6. Considering such submission made by the learned counsel for
the respective parties and upon a careful examination of the writ
petition as well as the documents annexed to the writ petition, this
Court deems it proper to dispose of the writ petition by directing the
Opposite Party No.1 and 2 to take a decision on the representation of
the Petitioner dated 22.03.2023 under Annexure-9 within a period of
// 3 //
two months from the date of communication of a certified copy of
this order by the Petitioner. It is further directed that while taking
decision as has been directed hereinabove, the Opposite Parties No.1
and 2 shall do well to take into consideration the aforesaid noted two
orders passed by this Court and also keeping in mind the fact that
such benefits has been extended to the similar situated persons. In the
event the Petitioner stands similar footing with the Petitioner in the
above noted two cases, the authorities shall do well to extend such
benefits to the Petitioner within a period of six weeks from the date
of taking such decision. The decision so taken be also communicated
to the Petitioner within two weeks from the date of taking such
decision.
7. With the aforesaid observation and direction, this writ petition
stands disposed of.
( A.K. Mohapatra)
Judge
Debasis
Signature Not Verified
Digitally Signed
Signed by: DEBASIS AECH
Designation: PA
Reason: Authentication
Location: OHC CUTTACK
Date: 18-May-2023 12:46:06
