Krushna Chandra Kar vs State Of Odisha And Others
2023 Latest Caselaw 12769 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  W.P.(C) No.32189 of 2023


                 Krushna Chandra Kar                      ....           Petitioner
                                                          Mr. A.K. Ray, Advocate

                                              -versus-

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

                                                                 Mr. P.K. Muduli, 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 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:-

"Therefore the petitioner most respectfully prays that Your Lordship would graciously be pleased to admit the case, call for the relevant records and after hearing may be pleased to:-

(i) direct the Opp. Party No.3 to dispose of the application of the petition/Annexure-4 as per the law laid down by the Honorable Apex Court passed in the case of Malaya Nanda Sethy vrs Orissa and others reported in AIR 2022 SC 2836.

(ii) Direct Opp. Party No.3 to issue appointment order and other consequential benefits in favour of the petitioner within a stipulated time period.

(iii) And pass any other order/orders, // 2 //

direction/directions as it would be deemed fit and proper to the facts and circumstances of the case in order to provide complete justice to the petitioner."

4. It is submitted by learned counsel for the Petitioner that although the Petitioner has filed representation under Annexure-4 before the Opposite Party No.3, 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.3 to consider the representation of the Petitioner under Annexure-4 keeping in view the law laid down by the Hon'ble Supreme Court in Malaya Nanda Sethy v. State of Orissa and others, reported in 2022(II) OLR(SC)-1 as well as the judgments by a Division Bench of this Court in Suchitra Bal v. State of Odisha & Ors (W.P.(C) No.2081 of 2021 decided on 16.03.2023) and in Bindusagar Samantaray v. State of Odisha & Ors. (W.A. No.810 of 2021 decided on 25.09.2023) and dispose of the same by passing a speaking and reasoned order within a period of two months from the date of filing of such representation. The decision so taken on such representation shall be communicated to the Petitioner within two weeks thereafter.

Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Designation: Secretary ( A.K. Mohapatra) Reason: Authentication Location: OHC CUTTACK Judge Debasis Date: 19-Oct-2023 19:54:00