Prasanta Kumar Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.29780 of 2022 Prasanta Kumar Swain ....

Petitioner Mr.Kshirod Kumar Rout, Advocate -versusState of Odisha and others ....

Opposite Parties Mr.T.K.Patnaik,A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

29.11.2022 01.

1.

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

2.

On oral prayer of the learned counsel for the Petitioner, he is permitted to correct the age of the petitioner in the body of the writ application.

3.

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

4.

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

" Under the facts stated above, the Petitioner therefore prays that the Hon'ble Court be pleased to admit the writ application, issue notice to Opposite Parties and after hearing from the Advocates of the parties, issue a writ in nature of mandamus or any other suitable writ direct the Opposite Parties to pay the remuneration/salary to the Petitioner from the month of July, 2019 to till date and also to pay the monthly salary to the petitioner regularly.

And pass such other order/orders as would be deemed fit and proper;"

5.

In course of hearing of the writ application, learned counsel for

// 2 // the Petitioner submits that the Petitioner ventilating his grievance has submitted representation before the Block Development Officer, Derabish, Opposite Party No.4 under Annexure-5 series. 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.4 to consider the representation of the Petitioner under Annexure-5 series within a stipulated period of time. 6.

Learned Additional Standing Counsel submits that he has no objection if the representation of the Petitioner is considered by the Opposite Party No.4, which is stated to be pending, in accordance with law within a stipulated period of time.

7.

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.4 to consider the representation of the Petitioner under Annexure-5 series in accordance with law within a period of six weeks 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-5 series by passing a speaking and reasoned order.

8.

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

9.

Issue urgent certified copy of this order as per Rules. RKS ( A.K. Mohapatra ) Judge