Dinabandhu Gadaba v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P. (C) No. 34172 of 2022 Dinabandhu Gadaba .....

Petitioner Mr. S. Mallik, Advocate Vs.

State of Odisha and others .....

Opposite parties State Counsel

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

15.12.2022 Order No.

01.

This matter is taken up through hybrid mode.

2.

The petitioner has filed this writ petition seeking direction to opposite parties to consider his case for compassionate appointment as per the provisions contained under the OCS (RA) Rules, 1990 within a stipulated time.

3.

In course of hearing, learned counsel for the petitioner states that the petitioner may be permitted to file a fresh representation before the opposite party no.2 highlighting the grievances and direction may be given to consider the same within a stipulated time taking into consideration the judgment of the apex Court in the case of Malaya Nanda Sethy v. State of Orissa, Civil Appeal No. 4103 of 2022 disposed of on 20.05.2022, to which learned State Counsel has raised no objection. 4.

As agreed to by learned counsel for the parties, however, without expressing any opinion on the merits of the case, this writ petition stands disposed of with the direction that in case the petitioner, with regard to the grievance made in this petition, files a fresh comprehensive representation before the opposite party no.2, within fifteen days hence, the said authority shall

consider the same and pass a reasoned and speaking order, taking into consideration the judgment of the apex Court in the case of Malaya Nanda Sethy v. State of Orissa, Civil Appeal No. 4103 of 2022 disposed of on 20.05.2022, as expeditiously as possible, preferably within a period of three months from the date of receipt of such representation along with certified copy of this order.

Issue urgent certified copy as per rules.

Ashok (DR. B.R. SARANGI, J)