Shyam Mohan Brahma v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.8177 of 2022 Shyam Mohan Brahma ....

Petitioner Mr. Abhilash Mishra, Adv.

-versusState of Orissa and Ors.

....

Opposite Parties Ms. Suman Pattanayak, AGA

CORAM:

MR. JUSTICE S.K. PANIGRAHI

ORDER

19.04.2022 Order No.

01.

1. This matter is taken up through hybrid arrangement.

2. Heard.

3. In this writ petition, the petitioner challenges the action of the opposite parties in not considering his case for regular appointment as Junior Lecturer by relaxing the age limit as per the order dated 02.08.2017 passed by the Hon'ble Supreme Court in Civil Appeal No.1968 of 2010 and batch of cases.

4. Learned counsel for the petitioner submits that the petitioner is also squarely covered by the facts of the case which travelled up to the Hon'ble Supreme Court. The Hon'ble Supreme Court passed the aforesaid order directing the similarly placed respondents therein to make representations and if any case was made out, the Government was to consider their case in accordance with law. He further submits that the petitioner has filed a representation before the opposite party No.1- Principal Secretary, Government of Odisha, Department of Higher Education ventilating his grievance.

5. Though the petitioner has filed representation before the opposite party No.1- Principal Secretary, Government of Odisha, Department of Higher Education on 14.09.2020 and the said

// 2 // representation had been sent on 14.09.2020, there is no sign of any stamp of the Department neither there is any proof of postal receipt. It seems that the representation was not filed on 14.09.2020.

6. In such view of the matter, the petitioner is directed to file a fresh representation ventilating his grievance before the opposite party No.1- Principal Secretary, Government of Odisha, Department of Higher Education along with a copy of this writ petition within a period of fifteen working days hence. On such event, the authority shall dispose of the representation of the petitioner by passing a reasoned order within a period of two months from the date of filing of the representation along with a copy of this writ petition

7. Accordingly, this writ petition is disposed of.

8. Urgent certified copy of this order be granted on proper application.

( S.K. Panigrahi) Judge BJ