Matajee Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

[ W.P.(C) No.30801 of 2022 Matajee Das ....

Petitioner Mr. N.C. Rout, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. T.K. Pattnaik, ASC

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

06.12.2022 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-Opposite Parties.

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 this 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.

12.09.2003 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 fit and proper for the ends of justice."

4.

It is submitted by learned counsel for the Petitioner that although the Petitioner has filed representation dated 09.05.2022

// 2 // before the Opposite Party No.1 under Annexure-6, but 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-Opposite Parties submits that he has no objection, if a direction is given to the authority concerned to consider the representation of the Petitioner in accordance with law within a stipulated period of time.

6.

Considering the submissions made by the respective parties and without expressing any opinion on the merits of the case, this Court disposes of the writ petition at the stage of admission with a direction to the Opposite Party No.1 to consider the representation of the Petitioner dated 09.05.2022 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.

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

( A.K. Mohapatra ) Judge Debasis