Sarat Kumar Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.8647 of 2022 Sarat Kumar Behera ....

Petitioner Mr. Jitendra Kumar Lenka, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. K.K. Nayak, ASC for State

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

02.05.2022 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 has been filed by the Petitioner with the following relief:

"The Petitioner, therefore, most humbly prays that your Lordship would be graciously pleased to quash the Proceeding of DPC dated 30.12.2021 as at Annexure-3 and the promotion order dated 31.12.2021 as at Annexure4 issued by Opp. Party No.3 so far as the Opp. Party no.5 is concerned and direct the Opp. Parties to promote the petitioner to the post of Revenue Inspector under S.C. Category in place of Opp. Party No.5 w.e.f. 31.12.2021 with all benefits at par with similarly situated persons as under Annexures-3 & 4 within short time period as deem fit and proper by this Hon'ble Court.

And issue any order or orders and direction as the Hon'ble Court deemed fit and proper the fact and circumstances of the case.

And if the Opp. Parties failed to show-cause or sufficient cause the Rule be made absolute.

// 2 // And for this act of kindness, the petitioner as in duty bound to ever pray."

4.

It is submitted by learned counsel for the Petitioner that highlighting his grievance, the Petitioner has filed a representation before the Revenue Divisional Commissioner (Southern Division), Odisha-Opposite Party No.2, on which, no decision has been taken as yet. Accordingly, a prayer has been made to direct the Opposite Party No.2 to dispose of the said representation expeditiously. 5.

Considering the limited nature of grievance, this Court disposes of the writ petition at the stage of admission with a direction to the Opposite Party No.2 to consider and dispose of the representation of the Petitioner dated 25.02.2022 (Annexure-5) within a period of two months from the date of production of certified copy of this order. Opposite Party No.2 is also directed to consider the representation of the Petitioner in accordance with law and in the light of Rule-11 of Odisha District Revenue Service (Method of Recruitment & Condition of Service) Rules, 1983, which has been filed at Annexure-1 and shall dispose of the same by passing a reasoned and speaking order. The decision so taken shall be communicated to the Petitioner within a period of two weeks thereafter.

6.

With the above direction, the Writ Petition stands disposed of.

7.

Issue urgent certified copy as per rules.

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