Nabin Bhutia vs State Of Odisha And Others
2023 Latest Caselaw 6595 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C) No.16466 of 2023

                 Nabin Bhutia                             ....             Petitioner
                                                         Mr.C.R.Pattnaik, Advocate

                                              -versus-

                 State of Odisha and others                ....      Opposite Parties
                                                                Mr.T.Patnaik, A.S.C.

                                         CORAM:

                            JUSTICE A.K. MOHAPATRA

                                           ORDER

Order No.                                 19.05.2023
    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.

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

" Under such circumstance, it is therefore prayed that your Lordships would be graciously pleased to admit this writ application, call for records and after hearing the parties may be pleased to issue a writ/s order/s direction/s in the nature of mandamus directing the Opposite Parties to regularize his services from work charged establishment to regular establishment for the purpose of pension and other benefits available to other regular employees of the said department within a stipulated period as this Hon'ble Court deems just and proper;

And further may pass any other order/s/direction/s/ as this Hon'ble Court deems just and proper"

// 2 //

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 Engineer-in-Chief, Water Resources, Odisha, Opposite Party No.3 under Annexure-2. 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-2 within a stipulated period of time.

5. Learned Additional Standing Counsel 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-2 in accordance with law keeping in view the law laid down in the judgment rendered by this Court in the case of Bandhua Gochhayat within a period of six weeks from the date of production of certified copy of this order. The Opposite Party No.1 shall do well to dispose of the representation of the Petitioner under Annexure-2 by passing a speaking and reasoned order.

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

              RKS                                                        ( A.K. Mohapatra )
                                                                                Judge



Signature Not Verified
Digitally Signed
Signed by: RAMESH KUMAR SINGH

Designation: Ex-A.R.-cum-Sr. Secretary Reason: Authentication Location: High Court of Orissa Date: 21-May-2023 09:55:01