Sugriba Swain v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.31314 of 2022 Sri Sugriba Swain ....
Petitioner Mr. J.K. Mahapatra , Advocate -versusState of Odisha & Others ....
Opp. Parties Mr. T.K. Pattnaik, ASC
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
23.11.2022 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-Opposite Parties.
3.
The present writ petition has been filed by the Petitioner with the following prayers:
"That the petitioner therefore, pray that your Lordships would be graciously pleased to admit this case, call for records, after hearing the parties, issue writ/writs in the nature of certiorari/mandamus or any other direct/directions to the Opp. Party No.3, the Assistant Registrar Cooperative Society, Puri Circle, Puri to re-engagement the petitioner for the post of peon and release the salary from September, 2022 to till date. And the petitioner's appeal/application dated 26.10.2022 under Annexure-6 may kindly consider within a stipulated period, which may fixed by this Hon'ble court.
And for this act of kindness the petitioner as in duty bound shall ever pray."
4.
It is submitted by learned counsel for the Petitioner that although the Petitioner has filed representation dated 26.10.2022
// 2 // before the Opposite Party No.3 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 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.3 to consider the representation of the Petitioner dated 26.10.2022 under Annexure-6 taking into consideration Annexure-3 in accordance with law within a period of eight weeks from the date of production of certified copy of this order. Further, the authorities are directed to release the arrear salary if any payable to the Petitioner within a period of two 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