Uttam Kumar Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.51 of 2022 Uttam Kumar Nayak ....

Petitioner Mr. B.B.Mohanty, Advocate -versusState of Odisha and others ....

Opp. Parties Mr. Sangram Jena, Standing Counsel S & ME

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

11.01.2022 01.

1.

This matter is taken up through Video Conferencing mode. 2.

Being aggrieved by the decision of the Government in School & Mass Education Department dated 30th November, 2021 giving promotion to the private Opposite Party No.4-Lalatendu Keshari Jena and not giving promotion to the petitioner from the post of ABEO to BEO.

3.

The petitioner has filed the present writ application challenging the said order of promotion. He has further prayed that being senior to Opposite Party No.4, he should not have been promoted from the post of ABEO to the post of B.E.,O. prior to opposite party No.4.

4.

It is submitted by the learned counsel for the Petitioner that ventilating his grievance, he has submitted a representation dated 10.12.2021 before the Opposite Party No.1. It is stated that the same is pending as of now and no decision has been taken thereon.

// 2 // 5.

Mr.Jena, learned Standing Counsel for School & Mass Education department submits that he has no objection if a direction is given to the Opposite Party No.1 to consider the pending representation of the Petitioner within a stipulated period of time. 6.

Having heard, learned counsel for the parties and keeping in view the limited nature of grievance, this Court disposes of the writ application with a direction to Opposite Party No.1 to consider the representation dated 10.12.2021, if any pending before him, within a period of three months from the date of production of authenticated copy of this order The Opposite Party No.1 shall consider the representation of the Petitioner in accordance with law and dispose of the same by a speaking and reasoned order. The decision so taken shall be communicated to the Petitioner within a period of 10 days. 7.

With the aforesaid observation, the writ petition stands disposed of.

8.

As the restrictions due to resurgence of COVID -19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020, modified by Court's Notice No.4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

RKS ( A.K. Mohapatra) Judge