Bimal Kumar Dhal vs State Of Odisha And Others ..... ...
2025 Latest Caselaw 4730 Ori

Orissa High Court

Bimal Kumar Dhal vs State Of Odisha And Others ..... ... on 6 March, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  WP(C) No.6275 of 2025

            Bimal Kumar Dhal                        .....                Petitioner
                                                            Represented By Adv. -
                                                            Mr. Satyabrata Dash

                                           -versus-
            State Of Odisha and others             .....          Opposite Parties
                                                            Represented By Adv. -

                                                            Mr. Samresh Jena, ASC

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

                                          ORDER

06.03.2025 Order No.

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. Perused the writ petition as well as the documents annexed thereto.

3. The present writ petition has been filed by the Petitioner with the following prayers:-

"It is therefore humbly prayed that this Hon'ble Court may graciously be pleased to (I ) Admit this writ petition.

( II) Issue notice to the Opposite Parties and call for the relevant records.

(Ill) Issue appropriate writ(s), direction(s), order(s) to direct the CDMO , Jajpur to regularize the Service w.e.f 30.04.1999 and Pay the financial benefits accordingly.

And/or pass any such other order/orders as this Hon'ble Court may deem fit and proper in the interest of justice."

4. It is submitted by learned counsel for the Petitioner that although the Petitioner has filed representation under Annexure-9 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 learned counsel appearing for 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-9 by taking into consideration the judgments of the Hon'ble Supreme Court in the cases of State of Karnataka v. Umadevi, 2006(4) SCC 1; State of Karnataka and others v. M.L.Keshari and others, 2010(II) OLR (SC) 982; Shripal and Anr. V. Nagar Nigam, Gaziabad (decided on 31st January, 2025 in Civil Appeal Nos.8158-8179 of 2024); and in Jaggo v. Union of India & others, reported in 2024 SCC Online SC 3826, within a period of three months from the date of production of a certified copy of this order. It is needless to mention here that the representation of the Petitioner shall be considered and disposed

of by passing a speaking and reasoned order. Any decision so taken on the said representation shall be communicated to the Petitioner within ten days thereafter.

( A.K. Mohapatra) Judge Debasis