Orissa High CourtWP(C)/7441/2013disposed off

Dhaneswar Nag v. State And ORS.

2022-02-14Dr. Justice S. Muralidhar (Cj),Mr. Justice R.K.Pattanaik2 pages

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IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P. (C). No.7441 of 2013 Dhaneswar Nag ....

Petitioner Mr. U.C.Mishra, Advocate -versusState of Odisha & Others ....

Opp. Party Mr. D.K.Mohanty, AGA ,

CORAM:

THE CHIEF JUSTICE JUSTICE R.K.PATTANAIK Order No.

ORDER

14.02.2022 1.

1. For nearly nine years now, no orders have been passed in the present writ petition which challenges the decision contained in a communication dated 29th March, 2011 of the Registrar, Civil Courts, Bolangir to the Petitioner stating that the District Judge (Opp.Party No.2) has rejected his representation dated 1st December 2010.

2. The grievance of the Petitioner is that he was Senior to Opp. Party No.3 in the gradation lists and yet Opp. Party No.3 was promoted as Senior Clerk overlooking the Petitioner.

3. The Petitioner was already 60 years old when the present petition was filed. Learned counsel for the Petitioner states that he is not interested in questioning the promotion of Opposite Party No.3 but only seeking the consequential benefit of revised

// 2 // pension from the same date as Opposite Party No.3 was promoted.

4. Having considered the above submissions, this Court is of the view that some reasons ought to have been furnished to the Petitioner for the rejection of the representation. Consequently, the matter is remitted to the Opposite Party No.2 for a fresh consideration of the Petitioner's representation dated 1st December, 2010. A reasoned order will now be passed on such representation not later than 4th April, 2022 and shall be communicated to the Petitioner not later than 15th April, 2022. It is clarified that the Court has not expressed any opinion on the merits of the case. If, aggrieved by the order of Opp. Party No.2, it will be open to the Petitioner to seek appropriate remedies in accordance with law.

5. The writ petition is disposed of in the above terms.

6. An urgent certified copy of this order be issued as per rules. (Dr. S. Muralidhar) Chief Justice ( R.K.Pattanaik) Judge Tudu/Kabita