Niranjan Tripathy vs State Of Odisha And Others
2023 Latest Caselaw 12765 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No. 32580 of 2023

            Niranjan Tripathy                               ....                Petitioner
                                                         Mr. Sidheswar Mallik, Advocate

                                              -versus-

            State of Odisha and others                      ....        Opposite Parties
                                                                    Mr. Saswat Das, A.G.A.



                         CORAM:
                         JUSTICE A.K.MOHAPATRA

                                         ORDER

Order No.                               16.10.2023
   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 appearing for the State-Opposite Parties.

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

"Under the aforesaid facts and circumstances the petitioner humbly prays that this Hon'ble court may graciously be pleased to, I) Direct/order that the services of the petitioner shall be regularized as per the Govt. policy decisions and the law settled by this Hon'ble Court and the Hon'ble Apex Court and shall be allowed pension as per the provisions of the OCS Pension Rules, 1992.

II) Pass such other orders as may be deemed fit and proper in the interest of justice."

// 2 //

4. It is submitted by the learned counsel for the Petitioner that the Petitioner wants to make a fresh representation before the authority concerned with a direction from this Court to the authority to consider the case of the Petitioner within a stipulated period of time.

5. Learned counsel for the State-Opposite Parties submits that he has no objection if the Petitioner is permitted to file a fresh representation before the authority concerned with a direction to the authority concerned to consider the representation of the Petitioner in accordance with law within the stipulated period of time.

6. Considering such submission and without expressing any opinion on the merit of the case, this Court disposes of the writ petition permitting the Petitioner to make a fresh representation before the Opposite Party No.2 within a period of three weeks from today and in the event such representation is filed before the Opposite Party No.2, the Opposite Party No.2 shall do well to consider and dispose of the same in accordance with law by passing a speaking and reasoned order within a period of two months from the date of filing of such representation. While considering the representation of the Petitioner, the Opposite Party No.2 shall take into consideration the judgments and documents to be cited by the Petitioner in support of his contention. The decision so taken on such representation shall be communicated to the Petitioner within two weeks thereafter.

Signature Not Verified Digitally Signed (A.K. Mohapatra) Signed by: DEBASIS AECH Designation: Secretary Judge Reason: Authentication Location: OHC CUTTACK Debasis Date: 19-Oct-2023 19:54:01