Orissa High Court
Surendra Nag vs ) State Of Odisha ..... Opposite Parties on 7 May, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.11912 of 2025
Surendra Nag ..... Petitioner
Represented By Adv. -
Dinesh Kumar Panda
-versus-
1) State Of Odisha ..... Opposite Parties
2) Engineer-in-chief, Public Health, Represented By Adv. -
Odisha Ms.Babita Kumari
3) Addl. Chief Engineer, Public Sahoo, AGA
Health Circle, Sambalpur
4) Executive Engineer, Public Health
Division, Sambalpur
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
07.05.2025
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 Additional Government Advocate Standing Counsel for
the State-Opposite Parties. Perused the Writ Petition as well
as the documents annexed thereto.
3. The Petitioner has filed the present Writ Petition with the
following prayer:
" Under the aforesaid facts and circumstances of
the case, it is therefore, prayed that the Hon'ble Court
may graciously be pleased to issue a writ of
mandamus or any other appropriate writ,
direction/directions directing the Opp.Parties to
revoke the order of suspension pending finalisation of
the criminal case against him,
And further to direct the Opp.Parties to enhance
the subsistence allowance @ of 75% to the pay last
drawn u/r 90(1)(a)(i) of Orissa Service Code.
And further direct the Opp.Parties to sanction full
house rent allowance during the full period of
suspension,
And pass any other order(s) or issue direction(s)
as may be deemed fit and proper in the bona fide
interest of justice."
4. In course of hearing of the Writ Petition, learned counsel
for the Petitioner submits that the Petitioner ventilating his
grievance has filed a representation dated 29.05.2024 before
the Additional Chief Engineer, Public Health Circle, Sambalpur,
Opposite Party No.3 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.3 to consider the representation of the
Petitioner under Annexure-5 within a stipulated period of time.
5. Learned Additional Government Advocate for the State
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 Petition 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-5
taking into consideration the judgment in the case of Ajay
Kumar Choudhury v. Union of India, reported in 2015 AIR
2389,within a period of eight weeks from the date of
communication of certified copy of this order. The Opposite
Party No.3 shall do well to dispose of the representation of the
Petitioner under Annexure-5 by passing a speaking and
reasoned order. The final decision so taken on the appeal of
the Petitioner be also communicated to the Petitioner within 10
days thereafter.
7. With the aforesaid observation, the Writ Petition stands
disposed of.
8. Issue urgent certified copy of this order as per Rules
( A.K. Mohapatra )
Judge
RKS
Designation: AR-CUM-Senior Secretary
Location: High Court of Orissa
Date: 08-May-2025 17:26:41
