Subhadra Patra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.30047 of 2022 Subhadra Patra ....

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

Opp. Parties Mr. P.K. Rout, A.G.A.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

15.11.2022 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:

(i) direct the Opp.Parties to allow the petitioner for her continuance of service as MPHW(F), taking into account her 17 years of continuous service as per the recommendation as At Annexure-6, and thereby declaring the action of the Opp.Parties in preventing her to discharge her duties on the plea that the Proceeding is pending against her is illegal and violative of the principles of natural 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.

It is submitted by learned counsel for the petitioner that although

// 2 // the petitioner has filed representation dated 22.12.2021 under Annexure-7 before the Director of Family Welfare, 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. It is further submitted by learned counsel for the petitioner that similarly situated persons have been extended such benefits and the case of the petitioner has not been considered as of now.

6.

Considering the submissions made, the limited nature of grievance of the petitioner, this Court disposes of the writ petition at the stage of admission with a direction to the Director of Family Welfare, Odisha, Bhubaneswar-Opposite Party No.2 to consider the representation of the petitioner dated 22.12.2021 under Annexure-7 taking into account under Annexure-6 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 representation 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