Mahalaxmi Das v. The Odisha Legislative Assembly

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.31489 of 2022 Smt. Mahalaxmi Dash ....

Petitioner Mr. P.K. Mohapatra, Advocate -versusThe Odisha Legislative Assembly & Others ....

Opp. Parties Mr. T.K. Pattnaik, ASC

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

28.11.2022 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:

"It is, therefore, prayed before the Hon'ble Court to allow the Petition;

AND (i) Further be pleased to issue Writ of Mandamus or any other appropriate Writ(s) to direct the O.P. No.1 to consider the case of the Petitioner to re-engage her as Long Hand Reporter/Writer as her juniors such as O.P. No.3 to 5 were allowed to continue with all service and financial benefits in view of the Supreme Court judgment of Piara Singh;

AND (ii) Further be pleased to pass any other order(s)/direction(s) as deems fit and proper in the facts and circumstances of the case."

// 2 // 4.

The only grievance of the Petitioner in the present writ petition is that the representation filed by her be considered by the competent authority in the light of the law laid down by the Hon'ble Supreme Court in the case of State of Haryana and Ors. v. Piara Singh and Ors., reported in AIR 1992 SC 2130.

5.

Considering such limited prayer of the Petitioner made in this writ petition and without expressing any opinion on the merit of the case, this Court disposes of the writ petition by directing the Opposite Party No.1 to consider and dispose of the representation of the Petitioner dated 14.02.2022 under Annexure-13 in the light of the law laid down by the Hon'ble Supreme Court in the case of State of Haryana and Ors. v. Piara Singh and Ors., reported in AIR 1992 SC 2130 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.

6.

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

( A.K. Mohapatra) Judge Debasis