Citation : 2025 Latest Caselaw 508 Ori
Judgement Date : 12 May, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.13016 of 2025
Ulli Chandrahas Dora ..... Petitioner
Represented By Adv. -
Sadasiva Patra (1)
-versus-
1) State Of Odisha ..... Opposite Parties
2) Director, Ayush, Bbsr Represented By Adv. -
3) District Ayurveda Medical Mr.S.K.Parhi, ASC
Officer, Southern Circle
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
12.05.2025
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 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:
" In the above facts and circumstances, the Petitioner humbly prays that this Hon'ble Court may be graciously pleased to issue a writ/writs in the nature of writ of mandamus directing the Opposite Parties to regularise the service of the Petitioner from the date of initial engagement i.e. 04.08.1991 with all consequential service benefits within a stipulated time.
And further be pleased to pass any other order/orders, direction/directions as deemed fit and proper."
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 05.02.2025 before the Commissioner-cum-Secretary, Health & Family Welfare Department, Government of Odisha, Opposite Party No.1 under Annexure-7. 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.1 to consider the representation of the Petitioner under Annexure-7 within a stipulated period of time.
5. Learned Additional Standing Counsel for the State submits that he has no objection if the representation of the Petitioner is considered by the Opposite Party No.1, 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.1 to consider the representation of the Petitioner under Annexure-7 taking into consideration the judgments of the Hon'ble Supreme Court in the case State of Karnataka v. Umadevi, 2006(4) SCC 1 as well as in State of Karnataka and others v. M.L. Keshari and others, 2010(II) OLR (SC) 982, in Jaggo v. Union of India and others, reported in 2024 SCC Online
SC 3826, in Sripal and another V. Nagar Nigam, Gaziabad (decided on 31st January, 2025) in Civil Appeal No.8158- 8179 of 2024), within a period of three months from the date of communication of certified copy of this order. The Opposite Party No.1 shall do well to dispose of the representation of the Petitioner under Annexure-7 by passing a speaking and reasoned order. The final decision so taken on the representation 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: 13-May-2025 15:38:26
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