Bijayananda Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.8600 of 2022 Bijayananda Behera ....

Petitioner Mr. Amitav Das, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. P.C. Das, ASC for State

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

07.04.2022 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 counsel for the State.

3.

The writ petition involves the following relief: "It is, therefore, most humbly and respectfully prayed that this Hon'ble Court may graciously be pleased to issue rule NISI calling upon the opposite parties to show cause as to why:- i) The petitioner shall not be promoted to the post of ASI of Excise in respect of SC category;

ii) The OP No.1 shall not be directed to dispose of the representation of the petitioner under Annexure-8 within a stipulated period keeping in view the observation made by the Collector, Puri, under Annexure-4"

4.

It is submitted that Petitioner belongs to a SC candidate. His case for promotion has not been considered by the Authority even though he is eligible for the same. Learned counsel for the Petitioner

// 2 // ventilating his grievance has filed a representation before the Commissioner-cum-Secretary to Govt., Excise Deptt., Bhubaneswar, Opposite Party No.1, dated 04.01.2022 (Annexure-8). Accordingly, a prayer has been made to direct the Opposite Party No.1 to consider the said representation of the Petitioner within a stipulated period of time.

5.

Learned counsel for the State has no objection to such prayer of the Petitioner.

6.

Considering the submissions made and looking into the grievance of Petitioner, this Court disposes of the writ petition with a direction to Opposite Party No.1 to consider the representation of the Petitioner under Annexure-8 within a period of two months from the date of filing of certified copy of the order by passing a reasoned and speaking order. Decision so taken be communicated to the Petitioner within two weeks thereafter. It is made clear that this Court has not expressed any opinion on the merits of the case. 7.

With the above direction, the writ petition stands disposed of.

8.

Issue urgent certified copy as per rules.

(A.K. Mohapatra) Judge U.K.Sahoo