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Samar Kumar Chatterjee vs ) Union Of India ..... Opposite Parties
2024 Latest Caselaw 8698 Ori

Citation : 2024 Latest Caselaw 8698 Ori
Judgement Date : 8 May, 2024

Orissa High Court

Samar Kumar Chatterjee vs ) Union Of India ..... Opposite Parties on 8 May, 2024

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                           WP(C) No.11241 of 2024
          Samar Kumar Chatterjee         .....    Petitioner
                                                                 Represented By Adv. -
                                                                 Abhilash Mishra

                                              -versus-
          1) Union Of India                              .....       Opposite Parties
          2) Chief Administrative Officer (c) ,                  Represented By Adv. -
          East Coast Railway, Bbsr
          3) Chief Personal Officer (c) ,                        Mr.P.K.Parhi, DSGI
          Coordination, East Coast Railway,                      Ms.Jyostnarani
          Bbsr                                                   Sahoo,CGC
          4) Senior Personal Officer (c) ,
          Coordination, East Coast Railway,
          Bbsr

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



Order No.                                                ORDER
                                                     08.05.2024

    01.             1.     This matter is taken up through Hybrid Arrangement (Virtual
                    /Physical Mode).

                    2.     Heard learned counsel for the Petitioner as well as
                    Mr.P.K.Parhi, learned D.S.G.I. along with Ms.Jyostnarani Sahoo,
                    learned C.G.C.

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

                                  "It is therefore humbly prayed that this Hon'ble
                          Court may graciously be pleased to admit the writ
                          petition, issue Rule Nisi in the nature of
                          mandamus/certiorari calling upon the Opp.Parties to
                                                                            Page 1 of 3.
      show cause as to why the Opp.Parties shall not be
     directed to extend the similar benefits to the Petitioner
     which was given to other similarly placed persons under
     Annexure-4 and further be pleased to direct the
     Opp.Parties in the light of above decision within
     stipulated time period.

           And pass such other order/orders as would be
     deemed fit and proper;"

4.    In course of hearing, learned counsel for the Petitioner submits
that the Petitioner may be granted liberty to file a fresh representation
ventilating his grievance before the Chief Administrative Officer ©,
East Coast Railway, Personal Department, Chandrasekharpur,
Bhubaneswar, Opposite Party no.2, which may be considered within
a stipulated period of time in accordance with law.

5.    Learned Central Government Counsel on the other hand
submits that she has no objection if liberty is granted to the Petitioner
to file a fresh representation before the Opposite Party No.2 and the
same is considered and disposed of in accordance with law.

6.    In view of the aforesaid limited nature of grievance of the
petitioner, this Court deems it proper to dispose of the Writ Petition
granting liberty to the Petitioner to file a fresh representation before
the Chief Administrative Officer (C), East Coast Railway, Personal
Department, Chandrasekharpur, Bhubaneswar, Opposite Party no.2
ventilating his grievance within a period of two weeks. If such a
representation is filed within the time stipulated, the same shall be
considered and disposed of by the said Opposite Party No.2 in
accordance with law taking into consideration the order dated
11.04.2022

passed in W.P.(C) No.4666 of 2014 by the Division Bench of this Court and the judgment under Annexure-4 to the Writ

Petition. within a period of eight weeks from the date of filing representation by passing a speaking and reasoned order. Any decision taken on the representation of the Petitioner be communicated to the Petitioner within 10 days from the date of taking such decision.

7. With the aforesaid observation the writ application stands disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra ) Judge

RKS

Location: High Court of Orissa Date: 09-May-2024 17:58:53

 
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