Biraj Mohan Mohanty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

[ W.P.(C) No.33747 of 2022 Biraj Mohan Mohanty ....

Petitioner Mr. S.B. Jena, Advocate -versusState of Odisha ....

Opposite Party Mr. N.K. Praharaj, AGA

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

14.12.2022 01.

1.

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

2.

Heard learned counsel for the Petitioner as well as learned Additional Government Advocate appearing for the State-Opposite Party.

3.

The present writ petition has been filed by the Petitioner with the following prayers:- "Under the aforesaid facts and circumstances of the case, it is therefore humbly prayed that this Hon'ble Court may graciously be pleased to direct the Opposite Party No.1 to give him promotion in DCF Cadre from the date when his juniors have been promoted i.e. with effect from 30.12.2020.

And further be pleased to direct the Opp. Party to grant him all consequential service benefits as per Rule.

And further be pleased to direct the Opp.

Parties to provide all consequential service benefits. Or pas such other order/orders as this Hon'ble Court may deem fit proper on the basis facts and circumstacnes of theses cases."

4.

It is submitted by learned counsel for the Petitioner that

// 2 // although the Petitioner has filed representation before the Opposite Party under Annexure-4, 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 Additional Government Advocate appearing for the State-Opposite Party 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 to consider the representation of the Petitioner under Annexure-4 in accordance with law within a period of six 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