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Orissa High CourtWP(C)/18820/2022disposed off

Pradeep Kumar Bisoi v. State Of Orissa

2022-08-01Mr. Justice Biraja Prasanna Satapathy2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 18820 of 2022 Pradeep Kumar Bisoi & Ors.

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Petitioners -versusState of Odisha & Ors.

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Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

01.08.2022

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

2. Heard Mr. Sethi, learned counsel for the Petitioner and Mr. Choudhury, learned AGA appearing for the Opp. Parties.

3. The Petitioners are aggrieved by the order passed on 30.06.2022 under Annexure-12.

4. It is submitted that pursuant to the order passed by this Court on 19.05.2022, the Petitioner though made individual representations for their promotion to the rank of Panchayat Executive Officer before O.P. No. 4, but it is submitted that the said Authority without following the direction of this Court rejected the said claim vide the impugned order under Annxure-12.

5. It is submitted that this Court vide its order dtd.19.05.2022 had directed the Collector to consider the case taking into account the

// 2 // order passed in respect of similarly situated GRS in the district of Kendrapara vide order dtd.17.08.2021 (A-10 to the previous writ Petition). It is further submitted that the Collector while taking a decision has not taken into consideration that aspect and he has taken a plea that the said order does not relate to Nabarangpur district.

6. Since persons similarly situated have been extended with the benefit in the district of Kendrapara, O.P. No. 4 should have taken that aspect into consideration while considering the claim of the Petitioners. Since admittedly that has not been followed as directed by this Court in its earlier order, the impugned order dtd.30.06.2022 is set aside.

7. While setting aside the same, this Court remands the same to O.P. No. 4 to take a fresh decision by following the order passed by the Collector, Kendrapara in its order dtd.17.8.2021. The said exercise shall be completed within a period of one month from the date of receipt of this order.

8. The writ Petition is disposed of accordingly. (Biraja Prasanna Satapathy) Judge Sneha