Goura Chandra Patnaik vs ) State Of Odisha ..... Opposite Parties
2024 Latest Caselaw 8203 Ori

Citation : 2024 Latest Caselaw 8203 Ori
Judgement Date : 2 May, 2024

Orissa High Court

Goura Chandra Patnaik vs ) State Of Odisha ..... Opposite Parties on 2 May, 2024

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              WP(C) No.10868 of 2024
            Goura Chandra Patnaik          .....     Petitioner
                                                               Represented By Adv. -
                                                               Prasanta Kumar Mishra

                                            -versus-
            1) State Of Odisha                         .....       Opposite Parties
            2) Principal Secy, General                         Represented By Adv. -
            Administration And Public Grievance                D.Nayak, AGA
            Dept

                                  CORAM:
                    THE HON'BLE MR. JUSTICE ADITYA KUMAR
                                MOHAPATRA

                                             ORDER

Order No.                                   02.05.2024
    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. Perused the writ application as well as the documents annexed thereto.

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

"It is prayed, therefore, that this Hon'ble Court may graciously be pleased to;

(i) Direct the O.P.No.1 to re-fix the seniority of the petitioner in rank ORS Group-B service strictly on the basis of his date and calendar year of joining pursuant to the appointment notification dated 16.01.2015 under Annexure-2 above the Officers joined in the said post in the calendar year 2016 pursuant to notification dated

04.03.2016 in terms of Rule 16 r/w Sub-Rule (1) of Rule-2 of Odisha Revenue Service (Recruitment) Rules, 2011 and law decided by the Hon'ble Apex Court in the case of K.Meghachandra Singh and others Vrs. Ningam Siro and

others and resolution dated 09.11.2021 under Annexure-6;

(ii) And as consequence further be pleased to direct the Opp. Parties to fix his seniority in the rank OAS-I (JB) in appropriate place by antedating his promotion to the said post and grant all consequential service and financial benefits within a time to be stipulated.

(iii) And pass such other order (s), direction (s) as deem fit and proper to the facts and circumstances of the case to give complete relief to the petitioner;"

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 Principal Secretary, Revenue and Disaster Management Dept., Odisha, Bhubaneswar, Opposite Party No.1 under Annexure-5. 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.1 to consider the representation of the Petitioner under Annexure-5 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.1, 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.1 to consider the representation of the Petitioner under Annexure-5 keeping in view Annexure-6 & the judgment of the Hon'ble Supreme Court in K. Meghachandra Singh vs Ningam Siro reported in AIR ONLINE 2019 SC 1515 & dispose of the same by passing a speaking and reasoned order within a period

of eight weeks from the date of production of certified copy of this order. The decision so taken by the Opposite Party No.1 be also communicated to the Petitioner within two weeks thereafter.