Srinibas Mohanty & Ors. v. State of Odisha & Ors.
Judgment
Opp. Parties Mr. R.N. Mishra, AGA CORAM: JUSTICE A.K. MOHAPATRA Order No.
#2. ORDER 28.02.2023 This matter is taken up through hybrid mode. Heard learned counsel for the Petitioners as well as learned counsel for the State-Opposite Parties.
#3. The present writ petition has been filed by the Petitioners with the following prayers: “It is therefore most humbly prayed that this Hon’ble Court may graciously be pleased to admit this writ application, issue Rule NISI in the nature of writ of mandamus directing the Opp. Parties to antedate the date of bringing over the petitioners to work charged establishment w.e.f. 11.2.2011 in terms of the order of the learned Tribunal dated 27.10.2016 passed in O.A. 65 of 2015 under Annexure-3 which has already been implemented by the Opp. Parties vide order dated 26.11.2021 under Annexure-5 with all consequential service and financial benefits.”
#4. It is submitted by learned counsel for the Petitioner that although the Petitioner has filed representation under Annexure-7 before the Opposite Party No.1, but 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 authority concerned to consider the // 2 // 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.1 to consider the representation of the Petitioner under Annexure-7 taking into consideration Annexure-3 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.
#7. Urgent certified copy of this order be granted on proper application. Debasis ( A.K. Mohapatra) Judge
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