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Orissa High CourtWP(C)/41501/2021disposed off

Balabhadra Behera v. State Of Odisha

2022-01-05Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.41501 of 2021 Balabhadra Behera ....

Petitioners Mr.P.K. Mohapatra, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. S. Jena, Standing Counsel for S.& M.E. Deptt..

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

05.01.2022 Order No.

01.

1.

Heard learned counsel for both the parties.

2.

Petitioner has filed the present writ petition for a direction to the Opposite Parties to consider the case of the Petitioner for his retrospective promotion to the cadre of Jr. SES on completion of three years of service in the cadre of LSES and further prayed to fix his pay and arrears in the light of the benefits given to others vide Annexure-5 within a stipulated period. Learned counsel for the Petitioner further submits that he has filed a representation before the Commissioner-cum-Secretary, School and Mass Education Department, Odisha, Bhubaneswar, which is still pending consideration.

3.

Mr. S. Jena, learned Standing Counsel for School and Mass Education Department submits that he has no objection if a direction

// 2 // is issued to the Authority for considering the representation of the Petitioner in accordance with law.

4.

Having heard learned counsel for both the sides, this Court disposes of the writ petition with a direction to the, Opposite Party No.1 to dispose of the representation of the Petitioner dated 26.4.2021 under Annexure-6 within a period of twelve weeks from the date of production of certified copy of this order by the Petitioner. In such event, Opposite Party No.2 shall consider the case of the Petitioner in accordance with law and allow the benefits claimed by him, if there is no other legal impediment, by passing a reasoned and speaking order. Decision so taken on the representation of the Petitioner shall be communicated to the Petitioners within ten days of such decision. It is made clear that this Court has not expressed any opinion on the merits of the case. 5.

With the above direction, the writ petition stands disposed of.

(A.K. Mohapatra) Judge U.K.Sahoo