Mohammed Abdul Samad v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.34335 of 2022 Mohammed Abdul Samad ....

Petitioner Mr. B.K. Behera, Advocate -versusState of Odisha and others ....

Opp. Parties Mr. B. Pr. Tripathy, A.G.A.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

21.12.2022 01.

1.

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

2.

Heard learned counsel for the petitioner as well as learned counsel for the State. Perused the record.

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 prayed that this Hon'ble Court may kindly issue writ in the nature of mandamus or any other writ applicable and direct to the Opposite Parties, drop the Departmental Proceeding against the petitioner, as deemed just and proper.

And further direct to Op.parties for taking steps to give promotion to the petitioner from the post of Forester to the post of Deputy Ranger, although the similarly situated employees and juniors have also promoted the said post and availed the promotional as well as all the service benefits, as deemed just and proper.

And pass such other other(s)/direction(s) as may be deemed fit and proper in the bonafide interest of justice."

4.

It is further submitted by learned counsel for the petitioner that although the petitioner has filed representation dated 12.10.2022

// 2 // under Annexure-7 before the Principal Chief Conservator of Forest, Orissa, Bhubaneswar-Opposite Party No.2, 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 counsel for the State submits that he has no objection, if a direction is given to the authorities to consider the grievance petition of the petitioner in accordance with law within a stipulated period of time.

6.

Considering the submissions made by the respective parties, the limited nature of grievance involved in the present writ petition, keeping in view the case of the petitioner, this Court disposes of the writ petition at the stage of admission with a direction to the Principal Chief Conservator of Forest, Orissa, BhubaneswarOpposite Party No.2 to consider the representation of the petitioner dated 12.10.2022 under Annexure-7 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.

With the aforesaid observation/direction, the writ petition is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu