Santosh Kumar Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.9685 of 2022 Santosh Kumar Behera ....

Petitioner Mr. Manoj KumarMohanty-2, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. YSP Babu, AGA for State

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

09.05.2022 Order No.

01.

1.

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2.

Heard learned counsel for the Petitioner and learned counsel for the State.

3.

The present writ petition has been filed with the following relief:

"It is therefore prayed that let this Hon'ble Court may graciously be pleased to admit the writ application, issue notice to the Opp. Parties in Rule NISI, calling upon them to file show cause as to why the petitioner shall not be absorption of casual /daily wage labourers (engaged prior to 12.4.93) and conferred with Temporary status against regular Group-'D' vacancies as per Finance Department resolution dt.4.9.2012 vide Anenxure-5;

And if the Opp. Parties fail to show cause or show insufficient cause, the said rule be made absolute and after hearing both the parties, appropriate writ be issued by directing the Opp. Parties to grant Temporary Status and absorption of casual daily wage labourers engaged in

// 2 // different Govt. establishment prior to 12.4.93 against regular Group-'D' vacancies for the interest of justice; And to pass any other order/orders or direction/directions be issued so as to give complete relief to the Petitioner.

And for this act of kindness, the Petitioner as in duty bound shall ever pray."

4.

It is submitted by learned counsel for the Petitioner that highlighting his grievance, Petitioner has filed a representation before the Director, Social Welfare Women & Child and Development Department, Odisha, Bhubaneswar, 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.

Learned counsel for the State on the other hand submits that he has no objection, if a direction is given to the Authority to consider and dispose of the representation of the Petitioner within a stipulated period of time.

6.

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 29.03.2022 (Annexure-8) within a period of three months from the date of production of certified copy of this order. Opposite Party No.2 is also directed to consider the representation in accordance with law 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.

// 3 // 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