Pankajini Rath v. The State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.15365 of 2022 Pankajini Rath ....

Petitioner Mr. B.S. Rayaguru, Advocate -versusState of Odisha and another ....

Opposite Parties Mr. P.C. Das, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

22.06.2022 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. Perused the record.

3.

The present writ petition has been filed by the petitioner with the following prayers:

"Under these facts and circumstances the petitioners must humbly pray that this Hon'ble Court be graciously pleased to admit this Writ Petition and issue a RULE NISI calling upon the Opp. Parties to show cause as to why;

i) The Opp. Party No.2 shall not be directed to consider the representation dated 04.06.2022 under Annexure-2 series submitted by the petitioner which is still pending for consideration before the Opp. Party No.2, taking the facts into consideration that posting of the juniors to the petitioner has been posted in their home districts ignoring the case of the petitioner as well as the very poor health condition of her husband;

ii) The Opp. Parties shall not be directed to post the

// 2 // petitioner in any vacancies under any of the CHCs in Korei, Danagadi or Jajur Road in the district of Jajpur or to any vacancies under the CHCs in Sainkula or Fakirpur in district of Keonjharpetitioner's home district, in view of the modification of order dated 01.06.02022 under Annexure3, iii) The action of the Opp. Parties in ignoring the case of the petitioner for posting, shall not be declared as illegal, arbitrary and contrary to law;

And be pleased to pass appropriate order(s)/direction(s) as this Hon'ble Court may deem fit and proper for the ends of justice and in the interest of the petitioner;" 4.

It is submitted by learned counsel for the petitioner that although the petitioner has filed representations dated 04.06.2022 under Annexure-2 before the Director, Family Welfare Department, Odisha, Bhubaneswar-Opposite Party No.2, the same is still pending before the said Opposite party and the said Opposite Party has not taken any decision as of now.

5.

Learned counsel for the State submits that he has no objection, if a direction is given to the authorities to consider the grievance petition of the petitioner in accordance with law within a stipulated period of time.

6.

Considering the submissions made by the respective parties, the limited nature of grievance involved in the present writ petition, keeping in view the case of the petitioner, this Court disposes of the writ petition at the stage of admission with a direction to the Director, Family Welfare Department, Odisha, BhubaneswarOpposite Party No.2 to consider the representations of the petitioner dated 04.06.2022 under Annexure-2 in accordance with law within a period of four weeks from the date of production of certified copy of

// 3 // this order. It is needless to mention here that the representations of the petitioner shall be considered and disposed of by passing a speaking and reasoned order. Any decision so taken on the said representations shall be communicated to the petitioner within a period of two weeks thereafter.

7.

With the aforesaid observation/direction, the writ petition is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra ) Judge Jagabandhu