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Orissa High CourtWP(C)/10240/2022disposed off

Padmalochan Panda v. State Of Odisha

2022-05-10Mr. Justice Aditya Kumar Mohapatra3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 10240 OF 2022 Padmalochan Panda ....

Petitioner Mr.Ashok Kumar Dhal, Advocate -versusState of Odisha and others ....

Opposite Parties Mr.Y.S.P.Babu, A.G.A.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

10.05.2022 01.

1.

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

2.

Heard learned counsel for the Petitioner and learned Additional Standing Counsel.

3.

The Petitioner has filed the present writ application with the following prayer:

"Under the circumstances, it is humbly prayed therefore that the Hon'ble Court may graciously be pleased to issue a writ in the nature of mandamus or any other appropriate writ/writs by directing the Opposite Party No.3 to antedate the regularization of services of the Petitioner with effect from 26.10.1992 instead of 06.08.2014 as has been extended in favour of similar situated persons like the Petitioner as per Annexure-2,4 series, 7 & 8 respectively.

And further be pleased to direct the Opposite Party to give all consequential service and financial benefits; And pass such other order/orders as would be deemed fit and proper.

4.

In course of hearing of the writ application, learned counsel for the Petitioner submits that the Petitioner ventilating his grievance has

// 2 // submitted representation before the Commissioner, Rourkela Municipality, Rourkela, Opposite Party No.3 on 21.09.2021 under Annexure-9. It is also submitted by the learned counsel for the Petitioner that the said representation is pending as of now. It is also submitted by the learned counsel for the Petitioner that a direction be issued to the Opposite Party No.3 to consider the representation of the Petitioner under Annexure-9 within a stipulated period of time. 5.

Learned Additional Government Advocate submits that he has no objection if the representation of the Petitioner is considered by the Opposite Party No.3, which is stated to be pending, in accordance with law within a stipulated period of time. 6.

Considering the limited nature of grievance of the Petitioner, the writ application is disposed of at the stage of admission with a direction to the Opposite Party no.3 to consider the representation of the Petitioner under Annexure-5 taking into account the Annexures2, 4 series,7 and 8 in accordance with law within a period of three months from the date of production of certified copy of this order. The Opposite Party No.3 shall do well to dispose of the representation of the Petitioner under Annexure-9 by passing a speaking and reasoned order. The decision so taken on the representation of the Petitioner, shall be communicated to the Petitioner within a period of two weeks thereafter. 7.

With the aforesaid observation, the writ application stands disposed of.

8.

Issue urgent certified copy after removal of defects. RKS ( A.K. Mohapatra ) Judge

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