Abhay Kumar Bera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.17216 of 2022 Abhay Kumar Bera ....

Petitioner -versusState of Odisha & Ors.

....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

26.07.2022

01. 1. This matter is taken up through Hybrid Arrangement Order No (Virtual/Physical) Mode.

2. Heard learned counsel for the Petitioner and learned counsel for the Opposite Parties.

3. The Petitioner has filed the present Writ Petition with the following prayer:- "Under the aforesaid facts and circumstances of the case, it is therefore, prayed that this Hon'ble Court may graciously be pleased to issue a writ of mandamus by directing the opp. Parties to bring the petitioner to regular establishment with retrospective effect. And further be pleased to direct the opp. Parties to disburse regular salary of the petitioner w.e.f. 1.3.2009 to 06.12.2009 and also regularize the service roll of the petitioner for the said period.

And further be pleased to direct the opp. Parties to disburse the pension and pensionary benefit in favour of the petitioner as per OCS Pension Rule 1992 as has been granted to similar circumstance person.

// 2 // Or pass such other orer/orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

And pass such other order/orders as may be deemed fit and proper for the interest of justice."

4. Learned counsel for the Petitioner further submits that through highlighting his grievances, the petitioner has filed a representation at Annexure-7 to the Writ Petition before the O.P. No.1, but till date nothing has been done in the matter. In such background, learned counsel for the Petitioner prays that a direction be issued to Opposite Party No.1 to take a decision on the above noted petition within a specific time period.

5. Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs Opposite Party No.1 to take a decision on the above noted petition taking into account Annexure-5 within a period of three (3) months from the date of receipt of this order and communicate the result of such exercise to the Petitioner.

6. The Writ Petition is disposed of accordingly. (Biraja Prasanna Satapathy) Judge Sneha