Pravat Kumar Kundu v. Union Of India

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.33102 of 2022 Pravat Kumar Kundu ....

Petitioner Mr.Sarbeswar Prusty, Advocate -versusUnion of India and others ....

Opposite Parties Mr.P.K.Parhi, D.S.G.I.

Mr.B.K.Parhi,C.G.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

20.12.2022 01.

1.

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

2.

Heard learned counsel for the Petitioner as well as learned Deputy Solicitor General of India. Perused the writ application and the documents annexed to the writ application. 3.

The present writ application has been filed by the Petitioner challenging the rejection of the representation of the Petitioner vide order dated 28.09.2022 passed by Opposite Party No.3 under Annexure-7 and further a prayer has been made quashing Annexure7 as well as for a direction to the Opposite Parties to allow him to continue in the quarter till the end of current academic session in view of the Policy under Annexure-5.

4.

It is submitted by the learned counsel for the Petitioner that earlier the Petitioner approached this Court by filing a writ application bearing W.P.(C) No.22947 of 2022 and this Court disposed of the writ application vide order dated 15.09.2022 by

// 2 // directing the authority to consider the representation of the Petitioner. Pursuant to the direction of this Court, the representation was considered and the prayer of the Petitioner was rejected and the Petitioner was directed to vacate the quarters. The present application has been filed challenging the rejection of the representation filed by the Petitioner on the ground that in view of the Policy under Annexure-5, and more particularly under Clause 16 thereof, the Petitioner after expiry of the prescribed period may not be asked to vacate the quarters and in Clause-iv it has been stated under category of "education of children" till closing of the current academic session.

5.

In such view of the matter, learned counsel for the Petitioner submits that current academic session will come to end by the end of March, 2023. As such the authorities are directed to consider the case of the Petitioner and allow him to continue in the quarters till the end of March, 2023. Learned counsel for the Petitioner undertakes to vacate the quarters by the end of March, 2023 without any further intimation.

6.

With the aforesaid observation and direction the writ application stands disposed of.

8.

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