Suratha Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC) No.2718 of 2018 Suratha Pradhan .... Petitioner Mr. Rabinarayan Nayak, Advocate -versusState of Odisha and Others .... Opp. Parties Mr. S. N. Das, Additional Standing Counsel

CORAM:

JUSTICE M.S. RAMAN Order No.

ORDER (Oral) 17.10.2022 05.

1.

The Original Application No.2718(C) of 2018 was filed before the State Administrative Tribunal, Cuttack. After its abolition, the same has been transferred to this Court which is renumbered as WPC(OAC) No.2718 of 2018.

2.

The petitioner was engaged on DLR basis in Harbhanga Kendu Leaves Range of Boudh Kendu Leaves Division with effect from 01.04.1986 till the year 2012. By virtue of a resolution of the Finance Department bearing no.31715, dtd. 04.09.2012, he was conferred Temporary Status in Group-D post and accordingly his name got reflected at Serial No.7 of the Office Order bearing No.121 dtd. 8.11.2012. On the basis of communication from the Principal Chief Conservator of Forest (Kendu Leaves Division) vide Memo No.3319 dtd. 18.09.2018, the Divisional Forest Officer, Boudh Kendu Leaves Division submitted proposal recommending four names, out of which three names relate to Central Godown Chowkidar and one office peon. Learned counsel for the petitioner Mr. R. N. Nayak submitted that the case of the petitioner was ignored even though he was senior to the names recommended for Central Godown Chowkidar. Accordingly, the petitioner has put forth his grievance

// 2 // on 30.09.2018 before the Divisional Forest Officer to do the needful. Since the authority concerned has not taken up his case as yet, the petitioner approached the learned Administrative Tribunal in 2018 which is subsequently transferred to this Court and converted to Writ Petition.

3.

Mr. Nayak, learned counsel for the petitioner prayed for writ of mandamus to the Divisional Forest Officer-Opposite Party No.3 for consideration of his representation mentioned above within stipulated period of time.

Mr. S. N. Das, learned Additional Standing Counsel has no objection in this regard.

4.

Considering the submission made above, the petitioner is at liberty to approach the Divisional Forest Officer-Opposite Party No.1 and produce certified copy of this order within a period of 15 days hence. The Opposite Party No.3-Divisional Forest Officer shall take into consideration his representation dated 30.09.2018 stated to be pending with him and dispose of the same within a period of three months thereafter. Necessary reasoned order be passed and communicated to the petitioner.

5.

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

(M.S. Raman) Judge Sipun 17th October, 2022 Cuttack