Sangram Keshari Parida v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 21334 of 2022 Sangram Keshari Parida ....

Petitioner -versusState of Odisha & Ors.

....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

23.08.2022

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 for the following reliefs:

" It is therefore prayed that this Hon'ble Court may graciously be pleased to admit the writ application, issue RULE NISI, calling upon the opposite parties to show cause as to why they will not be directed to open the sealed cover and extend ad-hoc promotion to the post of Executive Engineer (Civil) w.e.f.23.12.2020 with all service and financial benefits and on their failure to show cause or showing insufficient cause and after hearing the parties may further be pleased to made the said RULE absolute, by directing the opposite parties to open the sealed cover and extend ad-hoc promotion in the post of Executive Engineer (Civil) by restoring the seniority with all the financial emoluments within a time stipulated there for and/or may be pleased to pass such other or further order as it may deem fit and proper in the facts and circumstances of the case. And for this act of kindness, the Petitioner as in duty bound, shall ever pray."

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4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a fresh representation before Opp. Party No.1 by enclosing all the relevant documents and citations in support of his claim, if any, within a period of ten days hence.

5. It is observed that if such a representation is filed within the aforesaid period, Opp. Party No.1 shall do well to take a lawful decision on the same taking into account the fact that the Petitioner has been acquitted in the disciplinary proceeding in the meantime and the Petitioner is also going to retire from his service on 31.08.2022. The entire exercise shall be completed within a period of one month from the date of receipt of such representation. The order so passed by the Opp. Party No.1 be communicated to the petitioner.

6. With the aforesaid observation and direction, the Writ Petition is disposed of.

(Biraja Prasanna Satapathy) Judge Sneha