Srinibash Das vs State Of Odisha And Others
2023 Latest Caselaw 6291 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No.14961 of 2023
                 Srinibash Das                          ....           Petitioner
                                                    Mr.P.K.Mohapatra, Advocate

                                              -versus-

                 State of Odisha and others              ....    Opposite Parties
                                                              Mr. S.Das, A.G.A.
                                     CORAM:
                            JUSTICE A.K. MOHAPATRA
                                        ORDER

Order No.                              17.05.2023
    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 Government Advocate.

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

" The Petitioner therefore prays that your Lordships may graciously be pleased to :-

i) Direct the Opp. Parties to notionally regularize the services of the Petitioner without monetary benefit from 20.02.1992 to 14.02.2016 and extend the monetary benefit to be paid from 15.2.2016 i.e. the date of joining as Class-IV employee (Peon) in regular cadre and the period from 20.02.1992 be taken for continuity of service and pension and pensionary benefits as has been given to Govind Chandra Das and Sushant Kumar Acharya vide Annexure-6 keeping in view the judgment of the Hon'ble Supreme Corut in the case of Amarkant Rai vrs. State of Bihar & others, reported in (2015) 5 SC

affirmed by this Hon'ble court in W.P.(C) No.25159 // 2 //

of 2017 and W.P.(C) No.12399/2020 and grant all consequential service and financial benefits in favour of the petitioner;

ii) Pass such other orders/directions as may be deemed fit and proper in the bonafide interest of justice."

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 Commissioner-cum-Secretary, Revenue & Disaster Management Department, Opposite Party No.1 on 15.02.2022 under Annexure-7. 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.1 to consider the representation of the Petitioner under Annexure-7 within a stipulated period of time.

5. Learned Additional Government Advocate submits that he has no objection if the representation of the Petitioner is considered by the Opposite Party No.1, 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.1 to consider the representation of the Petitioner under Annexure-7 in accordance with law within a period of eight weeks from the date of production of certified copy of this order taking into consideration Annexures-5&6. The Opposite Party No.1 shall do // 3 //

well to dispose of the representation of the Petitioner under Annexure-7 by passing a speaking and reasoned order. While considering the representation of the Petitioner, the Opposite Parties shall do well to keep in mind the principle laid down by the Hon'ble Supreme Court in Amarkant Rai vrs. State of Bihar & others, reported in (2015) 8 SC 265.

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 Debasis

Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Designation: PA Reason: Authentication Location: OHC CUTTACK Date: 21-May-2023 18:04:28