Rama Ratan Prasad Gupta vs State Of Odisha And Others
2023 Latest Caselaw 12302 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                W.P.(C) No.32382 of 2023


                 Rama Ratan Prasad Gupta                  ....            Petitioner
                                                          Mr. K.C. Sahu, Advocate

                                              -versus-

                 State of Odisha and others               ....          Opp. Parties

                                                         Mr. N.K. Praharaj, A.G.A.


                             CORAM:
                            JUSTICE A.K. MOHAPATRA
                                        ORDER

Order No.                              10.10.2023
    01.     1.      This matter is taken up through Hybrid Arrangement
            (Virtual /Physical Mode).

2. Heard learned counsel for the Petitioner as well as learned counsel for the State-Opposite Parties.

3. The present writ petition has been filed by the Petitioner with the following prayers:-

"In view of the facts & submissions mentioned above the petitioner prays for the following relief(s):-

i) The Hon'ble Court be pleased to admit & allow the writ petition.

ii) The Hon'ble Court be pleased to direct the Opp. parties to give antedated promotion to the petitioner to the rank of Field Technician and Horticulture Overseer w.e.f. 20.11.1998 and 13.09.2010 i.e. from the date of Opp.

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party no.5 got such promotion as per order under Annexure-6, dtd. 27.08.2016 so also others as per Annexure-4 by granting all consequential service & financial benefits including the revision of pension & other retirement benefits in view of the judgment of Hon'ble High Court passed in W.P.(C) No.17013/2006 under Annexure-3 so also taking into account Annexure-8 & 9 within a time bound period for the interest of justice.

iii) The Hon'ble Court may be pleased to pass any order(s)/direction(s) as deems fit and proper for the interests of justice."

4. It is submitted by learned counsel for the Petitioner that although the Petitioner has filed representation under Annexure-7 before the Opposite Party No.2, but the same is still pending before the said Opposite Party and the said Opposite Party has not taken any decision as of now.

5. Learned counsel for the State submits that he has no objection, if a direction is given to the authority concerned to consider the representation of the Petitioner in accordance with law within a stipulated period of time.

6. Considering the submissions made by the respective parties and without expressing any opinion on the merits of the case, this Court disposes of the writ petition at the stage of admission with a direction to the Opposite Party No.2 to consider the representation of the Petitioner under Annexure-74 taking into consideration Annexures-5, 6, 8 & 9 in accordance with law within a period of two months from the date of production of certified copy of this order. It is needless to // 3 //

mention here that the representation of the Petitioner shall be considered and disposed of by passing a speaking and reasoned order. Any decision so taken on the said representation shall be communicated to the Petitioner within a period of two weeks thereafter.

( A.K. Mohapatra) Judge Debasis

Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Designation: Secretary Reason: Authentication Location: OHC CUTTACK Date: 14-Oct-2023 19:55:26