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Orissa High CourtWP(C)/32267/2022disposed off

Anasuya Kanhar v. State Of Odisha

2022-11-30Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.32267 of 2022 Anasuya Kanhar ....

Petitioner Mr.K.C.Sahu, Advocate -versusState of Odisha and others ....

Opposite Parties Mr.N.K.Praharaj, A.G.A

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

30.11.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioner as well as the learned Additional Government Advocate.

3.

The Petitioner has filed the present writ application with the following prayer:

"It is therefore prayed that the Hon'ble Court be pleased to allow this writ petition by quashing the impugned order dated 27.10.2022 under Annexure-5 with further directing the Opp.Parties to allow the Petitioner to continue at her present place i.e. under CHC, Khajuripada as usual till the completion of her normal period for the interest of justice." And may further be pleased to pass any other order(s) as deem fit and proper for the bona fide interest of justice." 3.

It is submitted by the learned counsel for the Petitioner that the Petitioner has some personal difficulties such as he has new born twin child and other family difficulties. Further, it is submitted by the

// 2 // learned counsel for he Petitioner that there are posts lying vacant under C.H.C., Khajuripada where the Petitioner is being accommodated.

4.

In such view of the matter, the Petitioner is directed to file a fresh representation before the CDM & PHO, Kandhamal, Opposite Party No.3 within 10 days taking all the grounds available to him including the vacancy position. In the event such a representation is filed, the same shall be considered in accordance with law by passing a speaking and reasoned order within a period of three weeks thereafter.

5.

It is directed that till a decision is taken on the representation of the Petitioner, the order of transfer under Annexure-5 shall not be given effect to, if the Petitioner has not been relieved in the meantime.

6.

With the aforesaid observation, the writ application stands disposed of.

7.

Issue urgent certified copy of this order as per Rules. RKS ( A.K. Mohapatra ) Judge