Nihar Ranjan Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

[ W.P.(C) No.34536 of 2022 Nihar Ranjan Swain ....

Petitioner Mr. Sadasiva Patra, Advocate -versusState of Odisha and another ....

Opposite Parties Mr. T.K. Pattnaik, ASC

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

16.12.2022 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 Standing Counsel appearing for the State-Opposite Parties.

3.

The present writ petition has been filed by the Petitioner with the following prayers:- "Under the facts and circumstances stated above, the petitioner therefore prays that, this Hon'ble Court may graciously be pleased to issue appropriate Writ/Writ(s) in the nature of writs of mandamus directing the Opposite Parties to take necessary steps for consideration to give proper seniority with pay protection, increments notionally and other benefits as per the order under Annexure-2. And pass any other order/orders as would be deemed fit and proper."

4.

It is submitted by learned counsel for the Petitioner that although the Petitioner has filed representation before the Opposite Party No.2 under Annexure-3, but the same is still pending before the said Opposite party and the said Opposite Party has not taken any

// 2 // decision as of now.

5.

Learned Additional Standing Counsel appearing for the StateOpposite Parties 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 No.2 to consider the representation of the Petitioner under Annexure-3 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