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Orissa High CourtWP(C)/34693/2022disposed off

Niranjan Lenka v. State Of Odisha

2022-12-20Mr. Justice Aditya Kumar Mohapatra3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.34693 of 2022 Niranjan Lenka ....

Petitioner Mr. K.C. Sahu, Advocate -versusState of Odisha and others ....

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

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 counsel for the State. Perused the record.

3.

The present writ petition has been filed by the petitioner with the following prayers:

"In view of the facts & submissions mentioned above the petitioner prays for the following relief(s):- i.

The Hon'ble Court be pleased to admit & allow the writ petition.

ii.

The Hon'ble Court be pleased to direct the Opp. Parties to give antedated promotion to the petitioner to the rank of Field Technician and Horticulture Overseer w.e.f. 20.11.1998 and 13.09.2010 i.e. from the date of Opp.Party no-4 got such promotion as per order under Annexure6, dtd. 27.08.2016 so also others as per Annexure4 by granting all consequential service & financial benefits including the revision of pension & other retirement benefits in view of the judgment of Hon'ble High Court passed in W.P.(C) No.17013/2006 under Annexure-3 so also taking into account Annexure-9 within a time bound

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iii.

The Hon'ble Court may be pleased to pass any order(s)/direction(s) as deems fit and proper for the interest of justice."

4.

It is submitted by learned counsel for the petitioner that although the petitioner has filed representation dated 28.03.2020 under Annexure-7 before the Director of Horticulture, Odisha, Bhubaneswar-Opposite Party No.2, the same is still pending before the said Opposite party and the said Opposite Party have not taken any decision as of now.

5.

Considering the submissions made, the limited nature of grievance of the petitioner, this Court disposes of the writ petition at the stage of admission with a direction to the Director of Horticulture, Odisha, Bhubaneswar-Opposite Party No.2 to consider the representation of the petitioner dated 28.03.2020 under Annexure-7 taking into account under Annexures-3, 4, 5, 6 and 9 in accordance with law within a period of two months 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. 6.

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

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