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Orissa High CourtWP(C)/33712/2021disposed off

Jharana Das v. State Of Odisha

2022-01-04Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.33712 of 2021 Jharana Das ....

Petitioner Mr. P.K. Mohapatra, Advocate -versusState of Odisha and others ....

Opp. Parties Mr. S. Jena, Standing Counsel for S & ME

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

04.01.2022 01.

1.

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

2.

The present writ petition has been filed by the Petitioner seeking a direction to the Opposite Parties to grant similar benefits of regularization as has been given to Mr. P.K. Nath, who was appointed along with the Petitioner in the very self-same Resolution dated 29.10.1992, taking into consideration the recommendation of the Opposite Party No.3 vide order dated 30th May, 2017 as at Annexure-2 i.e. decision taken pursuant to order dated 31st January, 2017 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in T.A. No.11(C) of 2010.

3.

Heard Mr. Mohapatra, learned counsel for the Petitioner and Mr. Jena, learned Standing Counsel for the State. 4.

On perusal of the order dated 30th May, 2017 under Annexure2, this Court of the view that the same does not convey any specific sense and the order is very cryptic. The order so passed fails to pass judicial scrutiny by this Court.

// 2 // 5.

In such view of the matter, order dated 30th May, 2017 under Annexure-2 is hereby set aside.

6.

Further, the Petitioner is directed to make a fresh representation before the District Education Officer, CuttackOpposite Party No.3 within a period of two weeks from today taking all grounds and attaching documents relied by the Petitioner in favour of his claim. If such representation is filed by the Petitioner within a period of two weeks, the same shall be considered by the District Education Officer, Cuttack-Opposite Party No.3 within a period of eight weeks from the date of receipt of such representation. 7.

It is needless to mention here that the Opposite Party No.3 shall give an opportunity of hearing to the Petitioner and dispose of the representation by a speaking and a reasoned order. The decision so taken shall be communicated to the Petitioner within a period of ten days thereafter.

8.

With the aforesaid observation, the writ petition is disposed of. 9.

Urgent certified copy of this order be handed over on proper application.

Jagabandhu ( A.K. Mohapatra) Judge