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Orissa High CourtWP(C)/27857/2022disposed off

Suvendu Mohanty v. State Of Odisha

2022-10-26Mr. Justice Aditya Kumar Mohapatra3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 27857 OF 2022 Suvendu Mohanty ....

Petitioner Mr.Mithun Das, Advocate -versusState of Odisha and others ....

Opposite Parties Mr.A.Behera, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

26.10.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioner and learned Additional Standing Counsel.

3.

The Petitioner has filed the present writ application with the following prayer:

" Under the aforesaid fcts and circumstances of the case, it is, therefore, prayed that this Hon'ble Court may graciously be pleased to :

i) Direct/order the Opposite Party No.1 to consider the representation of the Petitioner, dated 25.01.2018 as at Annexure-3 to regularize the service period of the Petitioner from 23.09.2009 to 06.10.2010, within a stipulated period as may be prescribed by this Hon'ble Court and thereby further direct the Opposite Party No.1 that after regularization of service of the Petitioner for the aforesaid period, he may be sanctioned/disbursed other pending conse4quential service and monetary

// 2 // benefits, which has not yet been provided to the Petitioner due to non-regularisation of the aforesaid period as stated above for the interest of justice; ii) Pass such other order(s) or issue direction(s) as may be deemed fit and proper in the bona fide interest of justice."

4.

In course of hearing of the writ application, learned counsel for the Petitioner submits that the Petitioner ventilating his grievance has submitted representation before the Director, Municipal Administration & Ex-Officio, Additional Secretary to Government, Housing & Urban Development Department, Opposite4 Party No.2 on 25.01.2018 under Annexure-3. It is also submitted by the learned counsel for the Petitioner that the said representation is pending as of now. It is also submitted by the learned counsel for the Petitioner that a direction be issued to the Opposite Party No.2 to consider the representation of the Petitioner under Annexure-3 within a stipulated period of time.

5.

Learned Additional Standing Counsel submits that he has no objection if the representation of the Petitioner is considered by the Opposite Party No.2, which is stated to be pending, in accordance with law within a stipulated period of time.

6.

Considering the limited nature of grievance of the Petitioner, the writ application is disposed of at the stage of admission with a direction to the Opposite Party no.2 to consider the representation of the Petitioner under Annexure-3 in accordance with law within a period of three months from the date of production of certified copy of this order. The Opposite Party No.2 shall do well to dispose of the representation of the Petitioner under Annexure-2 by passing a speaking and reasoned order. The decision so taken on the representation of the Petitioner shall be communicated to the

// 3 // Petitioner within a period of two weeks thereafter. 7.

With the aforesaid observation, the writ application stands disposed of.

8.

Issue urgent certified copy after removal of defects. RKS ( A.K. Mohapatra ) Judge