Rasmilata Mallik v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.30675 of 2022 Rasmilata Mallik ....
Petitioner Mr. S.K. Padhi, Advocate -versusState of Odisha and others ....
Opp. Parties Mr. B.Pr. Tripathy, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
05.12.2022 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:
"The petitioner therefore prayed that your Lordships be graciously pleased to admit the Writ petition issue a "Rule NISI" in the nature of writ of mandamus directing the opp.parties to treat the petitioner as regular staff nurse w.e.f. 15.09.2003 with all service benefits including pension w.e.f. the said date keeping in view the order of the Learned O.A.T. dated 25.09.2014 and copies of implementation orders dated 8.6.2016 as at Annexure-6;
And/or may pass such other writ/writs, order/orders, direction/directions as this Hon'ble Court may think it proper and for the ends of Justice;" 4.
It is submitted by learned counsel for the petitioner that although the petitioner has filed representation dated 04.05.2022 under Annexure-6 before the Principal Secretary, to Government
// 2 // Health and Family Welfare Department, Bhubaneswar-Opposite Party No.1, 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 Secretary, to Government Health and Family Welfare Department, Bhubaneswar-Opposite Party No.1 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 Principal Secretary, to Government Health and Family Welfare Department, BhubaneswarOpposite Party No.1 to consider the representation of the petitioner dated 04.05.2022 under Annexure-6 in accordance with law within a period of two months 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
// 3 //