Monali Mallik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.35150 of 2022 Monali Mallik ....

Petitioner Mr.Ashok Ku. Sahoo, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. T.K.Patnaik, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

22.12.2022 02.

1.

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

2.

Heard learned counsel for the Petitioner and learned Additional Standing Counsel.

3.

The Petitioner has filed the present writ application with the following prayer:

" Under the aforesaid facts and circumstances more fully narrated here in above the Petitioner most humbly prayed that this Hon'ble Court may kindly be pleased to admit the writ petition, cal for the records, issue notice to the Opp.Parties to show cause as to why the order dated 21.10.2022 under Annexure-4 in directing to the OP 6 and 7 to resume/join in service and letter No.4139 dated 21.10.2022 for compliance and appraisal of Collector, Kendrapara (OP 3) shall not be quashed, if the Opp.arties fail to show cause or show insufficient cause the rule be made absolute; Or in the alternative be pleased to issue appropriate writ in the nature of mandamus in directing the (OP 3) to consider the representation of the Petitioner under annexure-5 within time stipulated giving opportunity for hearing to the Petitioner;" 4.

In course of hearing of the writ application, learned counsel for

// 2 // the Petitioner submits that the Petitioner ventilating his grievance has submitted representation before the Director, Odisha State Child Protection Society, Opposite Party No.3 under Annexure-5. It is also submitted by the learned counsel for the Petitioner that the said representation is pending as of now. It is also submitted by the learned counsel for the Petitioner that a direction be issued to the Opposite Party No.3 to consider the representation of the Petitioner under Annexure-5 within a stipulated period of time. 5.

Learned Additional Standing Counsel submits that he has no objection if the representation of the Petitioner is considered by the Opposite Party No.3, which is stated to be pending, in accordance with law within a stipulated period of time.

6.

Considering the limited nature of grievance of the Petitioner, the writ application is disposed of at the stage of admission with a direction to the Opposite Party no.3 to consider the representation of the Petitioner under Annexure-5 in accordance with law taking into consideration Annexure-1 within a period of eight weeks from the date of production of certified copy of this order. The Opposite Party No.3 shall do well to dispose of the representation of the Petitioner under Annexure-5 by passing a speaking and reasoned order. 7.

With the aforesaid observation, the writ application stands disposed of.

8.

Issue urgent certified copy of this order as per Rules. RKS ( A.K. Mohapatra ) Judge