Orissa High Court
Brajendra Nath Rana vs State Of Odisha And Another .... ... on 8 May, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.12331 of 2025
Brajendra Nath Rana .... Petitioner
Mr.S.Biswal, Advocate
-versus-
State of Odisha and another .... Opposite Parties
Ms.Babita Kumari Sahu, AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
Order No. 08.05.2025
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical Mode).
2. Heard learned counsel for the petitioner and learned counsel for the
State. Perused the writ petition and the documents annexed thereto.
3. The present writ petition has been filed with the following prayer:
"It is, therefore, prayed that this Hon'ble Court may
graciously be pleased to issue Rule NISI calling upon the
Opp. Parties to show cause as to why the case of the
petitioner shall not be considered for regularization of his
service in the post of Watchman-Cum-Water Bearer/Peon-
Cum-Watchman laying vacant in the Office of the Social
Security and Empowerment of Persons with Disabilities
Department Odisha, Bubaneswar and as to why the
petitioner shall not be paid all the consequential service
benefits.
AND if the Opp. Parties fail to show cause or show
insufficient causes then this Hon'ble Court may make the
said Rule absolute by giving directions to the Opp. Parties
to regularize the service of the petitioner against the vacant
post of Watchman-Cum-Water Bearer/Peon-Cum-
Watchman laying vacant in the Office of the Social Security
and Empowerment of Persons with Disabilities Department
Odisha, Bubaneswar with all service benefits.
AND necessary direction be issued to the Opp.
Parties more particularly to the Opp. Party No-1 the
Commissioner-Cum-Secretary SSEPD. Department Govt.
of Odisha, Bhubaneswar to take a final decision on the
pending representation under annexure-4 within a time as
stipulated by this Hon'ble Court.
AND necessary direction be issued to the Opp.
Parties more particularly to the Opp. Party No-1 the
Commissioner-Cum-Secretary SSEPD. Department Govt.
of Odisha, Bhubaneswar to take a final decision on the
pending representation under annexure-4 within a time as
stipulated by this Hon'ble Court.
AND further be pleased to issue any other
appropriate writ/writs, Rule/Rules or order/orders,
direction/directions as may be deemed fit and proper in the
interest of Justice.
AND for which act of kindness, the petitioner as in
duty bound shall ever pray."
4. It is submitted by learned counsel for the Petitioner that although
the Petitioner has filed representation under Annexure-5 before the
Commissioner-cum-Secretary to Govt. SSEPD Department, Odisha,
Bhubaneswar, 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.1 to consider the
representation of the Petitioner under Annexure-5 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 M.L.Keshari and others, 2010 (II) OLR (SC) 982: Shripal and
Anr. V. Nagar Nigam, Gaziabad (decided on 31 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
Bichi
Signed by: BICHITRANANDA SAHOO
