Orissa High Court
Rajendra Narayan Sahoo vs State Of Odisha & Ors. .... Opposite ... on 24 July, 2023
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 22882 of 2023
Rajendra Narayan Sahoo .... Petitioner
Mr. S. Jena, Advocate
-versus-
State of Odisha & Ors. .... Opposite Parties
Mr. S.K. Samal, AGA
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
24.07.2023 Order No
01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel for the Petitioner and learned counsel for the Opposite Parties.
3. The Petitioner has filed the present Writ Petition with the following prayer:-
"It is, therefore, humbly prayed that this Hon'ble Court may graciously be pleased to:
(i) Admit the writ petition.
(ii) Call for the records.
(iii) Issue a writ in the nature of Mandamus or any other appropriate writ/writs, order/orders, direction/directions directing the opposite parties particularly opposite party no-3 & 4 to implement the Order Instruction of the opposite party no-2 issued vide Letter No. 2918 CM/RDE dated 29.04.2023 under Annexure-12 and Letter No. 2268 dated 03.04.2023 under Annexure respectively keeping in view the provisions as contemplated under Odisha Education Act and the rules framed thereunder within a reasonable time to be stipulated by this Hon'ble Court: and/or
(iv) In alternative the Hon'ble Court may issue appropriate writ/writs, order/orders, direction directions directing the opposite party no to get his own order // 2 // implemented as has been issued to opposite party no-3 and 4 by virtue of Letter No. 2918/CM/RDE dated 29.04.2023 under Annexure-12 and Letter No. 2268 dated 03.04.2023 under Annexure 9 respectively keeping in view the provisions as contemplated under Odisha Education Act and the rules framed thereunder and further be pleased to direct the opposite parties to release the service benefits including the financial benefits in favour of the petitioner within a reasonable time to be stipulated by this Hon'ble Court.
(v) Pass such other order/order, direction/directions as this Hon'ble Court may deem fit and proper.
And for this act of kindness, the Petitioner as in duty bound shall ever pray."
4. Learned counsel for the Petitioner submits that through highlighting his grievances, the Petitioner has filed a representation at Annexure-11 to the Writ Petition before the O.P. No. 2, but till date nothing has been done in the matter. In such background, learned counsel for the Petitioner prays that a direction be issued to Opposite Party No. 2 to take a decision on the above noted Petition within a specific time period.
5. Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs Opposite Party No. 2 to take a decision on the above noted petition taking into account Annexure-9 in accordance with law within a period six (6) weeks from the date of receipt of this order and communicate the result of such exercise to the Petitioner.
6. The Writ Petition is disposed of accordingly.
Signature Not Verified (Biraja Prasanna Satapathy)Digitally Signed Judge
Signed by: SNEHANJALI PARIDA
Designation: Jr. Stenographer Sneha
Reason: Authentication
Location: High Court of Orissa, Cuttack Date: 25-Jul-2023 11:09:22 Page 2 of 2