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Orissa High CourtWPC(OA)/843/2011disposed off

Basanta Kumar Puhan v. State Of Odisha

2022-02-10Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OA) No.843 of 2011 Sri Basanta Kumar Puhan ....

Petitioner Mr. A.K. Biswal, Advocate -versusState of Orissa and others ....

Opposite Parties Mr. Sangram Jena, S.C., S&ME Deptt

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

10.02.2022 01.

1.

This matter is taken up through Hybrid Arrangement Order No.

(Virtual/Physical Mode).

2.

Heard learned counsel for both the parties.

3.

The present writ petition has been filed by the Petitioner seeking promotion to the post of Junior Clerk, i.e. from Group-D to Group-C.

4.

Learned counsel for the Petitioner submits that copy of the counter affidavit has not been served on learned counsel for the Petitioner. As it appears, copy of the counter affidavit is also not on record.

5.

Mr.S.Jena, learned Standing Counsel for School and Mass Education Department with reference to the Counter Affidavit submits that the name of the Petitioner has earlier been recorded in the list for the year 2011.

6.

Mr. A.K. Biswal, learned counsel for the Petitioner submits that he does not have any instruction from his client. However, he prays that let a direction may be issued to the Authority to consider

// 2 // the promotion of the Petitioner to the said post in the event he has not been permitted in the meantime.

7.

In view of the submission made by Mr. Jena, this Court presumes that the Petitioner must have been extended the relief sought for in the meantime.

8.

In view of the above, this Court disposes of the writ petition as infructuous. However, it is open for the Petitioner to file representation before the concerned Authority, if he has not been given the benefit as prayed in the present writ petition. In such event, the representation shall be considered by the Authority in accordance with law and dispose of the same by passing a speaking and reasoned order within a period of four weeks from the date of filing of the representation.

9.

With the above observation, the writ petition stands disposed of.

10.

Issue urgent certified copy as per rules.

(A.K. Mohapatra) Judge U.K.Sahoo