Orissa High Court
Sri Prasad Kumar Das vs State Of Orissa And Others ..... ... on 11 February, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.3784 of 2025
Sri Prasad Kumar Das ..... Petitioner
Represented By Adv. -
Manas Pati
-versus-
State Of Orissa and others ..... Opposite Parties
Ms. B.K. Sahu, AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
11.02.2025
Order No.
01. 1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner as well as learned
Additional Government Advocate for the State-Opposite Parties.
Perused the writ application as well as the documents annexed
thereto.
3. The Petitioner has filed the present writ application with the
following prayer:
"The petitioner therefore prays that your
lordships may graciously be pleased to direct the
Opp. Party No.3 to consider the grievance of the
petitioner and give appointment to the petitioner
under Rehabilitation Assistance Scheme Rule
1990, within a stipulated time with all
consequential service and financial benefits.
And pass such order/ directions as this Hon'ble
Court may deem fit and proper."
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 Superintendent, Sub Jail,
Baliguda, Opposite Party No.3 under Annexure-4. 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.3 to
consider the representation of the Petitioner under Annexure-4 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.3, 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.3 to consider the representation of
the Petitioner under Annexure-4 by taking into consideration the
judgment of 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 judgment of this Court in Bindusagar Samantaray v. State of
Odisha & Ors. in W.A. No.810 if 2021 decided on 25.09.2023 and in
Biswajit Swain v. State of Odisha and others in W.P.(C) No.5214 of
2021 decided on 31.10.2023 within a period of three months from the
date of production of certified copy of this order. The Opposite Party
No.3 shall do well to dispose of the representation of the Petitioner
under Annexure-4 by passing a speaking and reasoned order. The
decision so taken by the Opposite Party No.3 be also communicated
to the Petitioner within ten days thereafter.
7. With the aforesaid observations/directions, the writ application
stands disposed of.
Issue urgent certified copy of this order as per Rules.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout
Location: High Court of Orissa, Cuttack, India
