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Orissa High CourtWPC(OAC)/2894/2015disposed off

Umakanta Acharya v. State Of Odisha

2022-07-04Mr. Justice Biraja Prasanna Satapathy2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.C(OAC) No.2894 of 2015 Umakanta Acharya ....

Petitioner -versusState of Odisha & others ....

Opposite Parties COROM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

4.7.2022

1. 1. This matter is taken up through Hybrid Mode. Order No

2. Heard learned counsel for the parties.

3. The present Writ Petition has been filed with the following prayer:

"(i) to direct the opp. parties to allow the service, pensionary and promotion benefits to the applicant by counting his service from the date of his joining against the regular vacant post of MPHW (M) i.e. w.e.f 1.1.2004 instead of his regularization i.e on 18.9.2013.

(iii) to calculate the applicant's seniority w.e.f 1.1.2004 towards his promotion for the post of MPHS (M) in the state wise basis as he has well trained/experienced as both PMW and MPHW (M) (iv) to reserve 50% of vacancies of PHS (M) in favour of the applicant along with 66 umber of redeployed PMWS, who were merged with MPHW (M) as per the direction of the Hon'ble Tribunal in OA No.-154(C ) /2005, (Sri Achyutananda Mallick and 24 others-vs. State of Orissa & Others) & as per the letter No.11647 dated24.4.2006 of Health and Family welfare Department, Govt. of Odisha.

// 2 // (v) to consider and to dispose the representation of the applicant dated 23.3.2015 within the stipulated period which is in the matter of his service, pensionary, and promotional benefits by counting the service from the date of his joining against the regular vacant post of MPHW (M) i.e. w.e. f 1.1.2004 instead of his regularization i.e. on 18.9.2013. 4.

Considering the nature of prayer made in the Writ Petition, the Petitioner is permitted to make a fresh representation before Opp. party No.2 within a period of three weeks days from today.

5.

It is observed that if such a representation is filed by the Petitioner ventilating his grievances, the same shall be considered by Opp. party No.2 in accordance with law within a period of three months from the date of receipt of such representation. The order so passed by Opp. Party No.2 be communicated to the Petitioner also.

6.

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

(Biraja Prasanna Satapathy) Judge sangita