Narayan Behera vs State Of Odisha And Others
2023 Latest Caselaw 12025 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK


                                W.P.(C) No.30093 of 2023


                 Narayan Behera                         ....           Petitioner
                                               Mr. Bidyadhar Mansing, Advocate
                                              -versus-
                 State of Odisha and others              ....    Opposite Parties
                                                         Mr. Saswat Das, A.G.A.
                                         CORAM:

                            JUSTICE A.K. MOHAPATRA

                                            ORDER

Order No.                                 05.10.2023
    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel for the Petitioner and learned Additional Government Advocate.

3. The Petitioner has filed this writ petition with the following prayer :

" The Petitioner most respectfully prays that this Hon'ble Court may graciously be pleased to admit/allow this writ petition and hearing the parties to direct the O.Ps for regularization of his service in view of the judgment of the Hon'ble Court dated 10.11.2020 and Government order dated 14.08.2020 under annexure-4 series as his junior's service has been regularized in consideration of Stat of Karnatak vrs. Umadevi and others : 2006(4) Scc 1 and State of Karnataka and others vrs. M.L.Kesari and others (SLP (C) No.015774/2006).

And pass such other order(s)/directions)/writ(s) as are deemed just and proper in the bona fide interest of justice."

4. In course of hearing, learned counsel for the Petitioner submits // 2 //

that the Petitioner may be granted liberty to file a fresh representation ventilating his grievance before the Principal Secretary to Government, H & U.D. Department, Odisha, Opposite Party No.1 which may be considered within a stipulated period of time in accordance with law.

5. Learned Additional Government Advocate for the State on the other hand submits that he has no objection if liberty is granted to the Petitioner to file a fresh representation before the Opposite Party No.1 and the same is considered and disposed of in accordance with law.

6. In view of the aforesaid limited nature of grievance of the petitioner, this Court disposes of the writ petition granting liberty to the Petitioner to file a fresh representation before the Principal Secretary to Government, H & U.D. Department, Odisha, Opposite Party No.1 ventilating his grievance within a period of two weeks. If such a representation is filed within the time stipulated, the same shall be considered and disposed of by the said Opposite Party No.1 in accordance with law within a period of eight weeks from the date of filing representation and the decision so taken on the representation of the petitioner shall be communicated to the Petitioner within two weeks thereafter.

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

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra ) Judge RKS

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: 09-Oct-2023 10:40:34