Kiran Kumar Giri v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 3282 of 2022 Kiran Kumar Giri .....

Petitioner Mr. P.K. Mohapatra, Advocate - VersusState of Odisha & Ors.

.....

Opp. Parties State Counsel

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

03.02.2022 Order No.

This matter is taken up through video conferencing mode. 2.

Heard learned counsel for the parties.

3.

The petitioner has filed this writ petition seeking direction to the opposite parties to give appointment to the petitioner in the existing vacant post of Radiographer due to non-joining of selected candidates as the petitioner is placed in the waiting list pursuant to the same advertisement dated 28.12.2020 as at Annexure-1 as per the settled principles decided by the apex Court in Gujarat State Dy. Executive Officers' Association v. State of Gujarat & Ors., 1994 (SUPP.) II SCC 51 as well as of this Court in Dr. Rajlaxmi Beura v. Vice-Chancellor, OUAT & Ors., 2017 (II) ILR-CUT 923 and grant all consequential service benefits.

4.

In course of hearing, learned counsel for the petitioner states that highlighting the grievances, the petitioner has made representation to the opposite party no.1 vide Annexure-4 and the same may be directed to be disposed of within a stipulated time, taking into consideration Annexure-5, to which learned State counsel has raised no objection.

5.

As agreed to by learned counsel for the parties, this Court,

without expressing any opinion on the merits of the case, disposes of the writ petition directing the opposite party no.1 to consider the representation filed by the petitioner vide Annexure4 and pass appropriate order in accordance with law, taking into consideration Annexure-5, within a period of three months from the date of production of authenticated/certified copy of this order.

6.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout 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 as 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. Arun (DR. B.R. SARANGI) JUDGE