Bijay Kumar Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.30018 of 2022 Bijay Kumar Behera ....

Petitioner Mr. S.B. Jena, Advocate -versusState of Odisha and others ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

22.11.2022 01.

1.

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

2.

Heard learned counsel for the petitioner as well as learned counsel for the State. Perused the record.

3.

The present writ petition has been filed by the petitioner with the following prayers:

"Under the aforesaid facts and circumstances of the case, it is therefore, prayed that this Hon'ble Court may graciously be pleased to issue a writ of mandamus by quashing the order under Annexure-5;

And further be pleased to direct the Opp.Parties to reconsider the case of the petitioner by taking a sympathetic view and issue an order of appointment in faovur of the petitioner under R.A. Scheme as per Odisha Civil Service (Rehabilitation Assistance) Rule Or pass such other order/orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

4.

It is further submitted by learned counsel for the petitioner that although the petitioner has filed representation dated 11.07.2022 and under Annexure-8 before the Principal Chief Conservator of Forests,

// 2 // Odisha, Bhubaneswar-Opposite Party No.2, the same is still pending before the said Opposite party and the said Opposite Party has not taken any decision as of now.

5.

Learned counsel for the State submits that he has no objection, if a direction is given to the Principal Chief Conservator of Forests, Odisha, Bhubaneswar to consider the representation of the petitioner in accordance with law within a stipulated period of time. 6.

Considering the submissions made, the limited nature of grievance involved in the present writ petition, keeping in view the case of the petitioner, this Court disposes of the writ petition at the stage of admission with a direction to the Principal Chief Conservator of Forests, Odisha, Bhubaneswar-Opposite Party No.2 to consider the representation of the petitioner dated 11.07.2022 and under Annexure8 in accordance with law within a period of eight weeks from the date of production of certified copy of this order. It is needless to mention here that the show-cause reply of the petitioner shall be considered and disposed of by passing a speaking and reasoned order. Any decision so taken on the said representation shall be communicated to the petitioner within a period of two weeks thereafter.

7.

With the aforesaid observation/direction, the writ petition is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu