Susanta Kumar Das v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC) No. 3799 of 2013 Susanta Kumar Das ....

Petitioner Mr. Prafulla Kumar Rath, Advocate -versusState of Odisha & others ....

Opp. Parties Mr. Rajesh Tripathy, ASC

CORAM:

JUSTICE M.S. SAHOO Order No.

ORDER

09.03.2022 01.

RJ This matter is taken up through hybrid mode.

The writ petition has been registered before this Court on 6th December, 2021, after the original application was transferred from the learned State Administrative Tribunal, Cuttack Bench, Cuttack upon its abolition.

On perusal of the available order sheets of the learned Tribunal, it is indicated that the notices were issued on 18.12.2013 directing the opposite party-State to file counter within four weeks, thereafter on about twelve occasions, State has taken time to file counter and after 10.09.2015, the matter was never taken up.

Learned counsel for the petitioner submits that considering the nature of grievance raised in the original application/writ petition, the long pendency of the matter has not helped the cause of the petitioner, accordingly the writ petition may be disposed of directing the authorities to consider the grievance of the petitioner for anything that may survive.

It is further submitted by the learned counsel for the petitioner referring to paragraph-5 of the additional information filed before the learned Tribunal by the

// 2 // petitioner dated 14.01.2015 indicating that the posts those were earmarked to be granted to Home Guards to be selected as Assistant Drivers are to be filled-up as per the judgment passed in O.A. No.2424(C)/2008.

Learned Addl. Standing Counsel submits that any representation that would be made by the petitioner, shall be considered in accordance with law as well as the decisions rendered by the Tribunal and this Court. Having heard learned counsel for the parties, the writ petition is disposed of with the following order:- The petitioner, if so advised, shall make a representation before the appropriate authority for redressal of his grievances enclosing the certified copy of this order along with all relevant documents sought to be relied upon by the petitioner.

The appropriate authority on receipt of such representation, shall do well to consider the grievances of the petitioner and pass a reasoned order in accordance with law as expeditiously as possible, preferably within a period of three months from the date of communication of the certified copy of this order along with other documents sought to be relied upon by the petitioner.

The order that would be passed by the authority shall be communicated to the petitioner within two weeks. It is clarified that this Court has not expressed any opinion regarding merits of the case, in any manner whatsoever.

(M.S. Sahoo) Judge