Orissa High Court
Rama Chandra Swain vs State Of Odisha & Others .... Opposite ... on 4 January, 2024
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.42641 of 2023
Rama Chandra Swain .... Petitioner
Mr. K.C. Sahu, Advocate
-versus-
State of Odisha & others .... Opposite Parties
Mr. P.K. Muduli, A.G.A.
Mr. S.K. Patra, Standing Counsel
for AG, Odisha
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 04.01.2024
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 and Mr.S.K. Patra, learned
Standing Counsel for AG, Odisha.
3. The Petitioner has filed the present writ application with the
following prayer:
"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.party no-4 got such promotion as per
order under Annexure-6, dtd. 27.08.2016 so also
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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
interest of justice."
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 Horticulture, Odisha,
Bhubaneswar, Opposite Party No.2 under Annexure-7. 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-7 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-7 keeping in view Annexures-5, 6, 8
& 9 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-7 by
passing a speaking and reasoned order. The decision so taken by the
// 3 //
Opposite Party No.2 be also communicated to the Petitioner within
two weeks thereafter.
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
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 08-Jan-2024 10:39:36
