Orissa High Court
Sangram Kishore Naik vs State Of Odisha & Another on 15 November, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.36276 of 2023
Sangram Kishore Naik .... Petitioner
Mr. D.K. Dhar, Advocate
-versus-
State of Odisha & another .... Opposite Parties
Mr.P.K.Muduli, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 15.11.2023
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:
"It is therefore prayed that your lordship be graciously
pleased to issue Rule Nisi, calling upon, the Opp. Parties as to
why a writ of Mandamus or any appropriate write(s) shall not
be issued;
i) Direct the O.P. No.2 to give appointment to the
Petitioner under OCS (RA) Rules, 1990 within a
stipulated time;
ii) If the Opp. Parties fails to show cause or show
insufficient cause to make the Rule absolute;
And may further be pleased to pass any other
order(s)/direction(s) as deem fit and proper in the facts and
circumstances of the case;"
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 Director of Mines & Geology,
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Bhubaneswar, Opposite Party No.2 under Annexure-4. 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-4 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.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-4 in the light of 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 Tiwari reported in (2023 (3)
SCALE-557 as well as in Suchitra Bal vs. State of Odisha & ors. by a
Division Bench of this Court in W.P.(C) No.2081 of 2021 decided on
16.03.2023 as well as Bindusagar Samantaray vs. State of Odisha &
ors. by a Division Bench of this Court in W.A. No.810 of 2021 decided
on 25.09.2023 and a judgment of this Court in Biswajit Panigrahi
v. State of Odisha & others (W.P.(C) No.27484 of 2022,
decided on 19.5.2023) within a period of eight weeks 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-4 by passing a speaking and reasoned order. The decision
so taken by the Opposite Party No.2 be also communicated to the
Petitioner within two weeks thereafter. It is further directed that in
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the event the Petitioner is entitled to the monetary benefits claimed in
his representation, the authorities shall do well to sanction and
disburse the same within a period of six weeks if there is no other
legal impediment.
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
Anil
Signature Not Verified
Digitally Signed
Signed by: ANIL KUMAR SAHOO
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 16-Nov-2023 10:38:32
