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Orissa High CourtWP(C)/12622/2022disposed off

Salma Dei v. State Of Odisha

2022-06-24Mr. Justice Aditya Kumar Mohapatra3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.14801 of 2022 Brundabana Pradhan ....

Petitioner Mr.Sanjib Mohanty, Advocate -versusState of Odisha and others ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

24.06.2022 01.

1.

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

2.

Heard learned counsel for the Petitioner and learned Additional Government Advocate.

3.

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

"Under such circumstances, it is humbly prayed that this Hon'ble Court may kindly be pleased to admit the case and issue notice to the opposite parties to file their show cause as to why the case of the Petitioner shall not be allowed and after hearing the parties, the case of the Petitioner be allowed. And give direction to the O.P.No.1 and 3 to give promotion to the Petitioner to the post of ORS (Group-B) for the recruitment year 2020 taking into five years outstanding CCR by convening review DPC and the Petitioner be given all the financial and consequential benefit within a stipulated period..

And/or the representation of the Petitioner vide Annexure-8 dated 18.01.2022 be disposed of within a

// 2 // stipulated period.

4.

In course of hearing of the writ application, learned counsel for the Petitioner submits that the Petitioner ventilating his grievance has submitted representation before the Commissioner-cumSecretary, Revenue & Disaster Management Department, Opposite Party no.1 on 18.01.2022 under Annexures-8. 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.1 to consider the representation of the Petitioner under Annexure-8 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.1, 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.1 to consider the representation of the Petitioner under Annexure-8 in accordance with law within a period of two months from the date of production of certified copy of this order. The Opposite Party No.2 shall do well to dispose of the representation of the Petitioner under Annexure-8 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.

After careful examination of the representation in the event the authority found the Petitioner is entitled to get promotion, it is open to the Opposite Party-authority to convene a review DPC and consider the case of promotion of the Petitioner to the next higher

// 3 // post.

8.

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

9.

Issue urgent certified copy of this order as per Rules. RKS ( A.K. Mohapatra ) Judge