Yudhistira Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C)(OAC) No.480 of 2019 Yudhistira Jena ....

Petitioner -versusState of Odisha & Ors.

....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

27.09.2022 01.

1. This matter is taken up through Hybrid Arrangement Order No (Virtual/Physical) Mode.

2. Heard learned counsel for the Petitioner and learned counsel for the Opposite Parties.

3. The Petitioner has filed the present Writ Petition with the following prayer:- "Under the facts mentioned in paragraph-6 above and the circumstances, the applicant prays for following relives:

That this Hon'ble Tribunal may graciously be to direct the respondents to pleased regularize/absorb the applicant in the post of existing vacancy in Group-D' in response to the Government resolution dated 4.9.2012 and keeping in view the previous order dated 15.12.1994 passed by this Hon'ble tribunal in Original Application No.298 of 1991 in retrospective effect for inclusion of applicant's service under pensionable establishment;

And further would be pleased to pass any other appropriate order(s) as may deem fit and proper as per the circumstance of the case;"

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4. Learned counsel for the Petitioner further submits that through highlighting his grievances, the Petitioner has filed an application at Annexure-14 to the Writ Petition before the O.P. No.3, but till date nothing has been done in the matter. In such background, learned counsel for the Petitioner prays that a direction be issued to Opposite Party No.3 to take a decision on the above noted Petition within a specific time period.

5. Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs Opposite Party No.3 to take a decision on the above noted petition in accordance with law within a period of three (3) months from the date of receipt of this order and communicate the result of such exercise to the Petitioner.

6. It is however observed that while considering the same the implication of the order passed by the learned Tribunal on 10.05.2017 in O.A. No.791 (C) of 2017 be taken into consideration.

6. The Writ Petition is disposed of accordingly. (Biraja Prasanna Satapathy) Judge Sneha