Allowed

Anil Kumar Swain v. State of Odisha

Orissa HC8 Sept 2021WP(C)/11163/2021

Case brief

AI extract

What is this about?

The Court refused to issue a writ of mandamus requiring immediate consideration of the petitioner's employment application. Instead, it granted liberty to file a detailed representation before the Commissioner-Cum-Secretary, directing disposal within one month after hearing.

What did the court decide?

Liberty granted to file a representation before the Commissioner-Cum-Secretary for consideration and disposal within one month after hearing.

Anil Kumar Swain Vs State of Odisha — Service and Employment | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.11163 of 2021

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Anil Kumar Swain

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Petitioner

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Mr. P.K. Satapathy, Advocate

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-versus-

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State of Odisha and others

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…. Opposite Parties Mr. A.K. Nanda, AGA

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CORAM: JUSTICE S.K. MISHRA JUSTICE SAVITRI RATHO

ORDER 08.09.2021

Order No.

This matter is taken up through hybrid mode.

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Heard Mr. P.K. Satapathy, learned counsel for the petitioner and Mr. A.K. Nanda, learned Addl. Government Advocate.

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In this writ petition, the petitioner has prayed that a writ in the nature of mandamus may be issued directing opposite party no.4-Executive Engineer, Drainage Division, Water Resource Department, Marshaghai, Dist. Kendrapara to consider the application of the petitioner and take a decision within a stipulated period. The petitioner has made a representation to the opposite party no.4 in Annexure-1 to grant him work because he is unemployed and he is a Diploma Engineer

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Page 1 of 2

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// 2 //

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(Electrical). However, the OPWD Code does not provide any special treatment of a newly gradated Diploma Engineer.

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So, instead of issuing a mandamus, we give liberty to the petitioner to file a properly articulated and comprehensive representation before the Commissioner-Cum-Secretary, Department of Water Resource, Lok Seva Bhawan, Bhubaneswar-Opposite Party No.1 ventilating his grievances and annexing certified copy of this order along with a copy of the brief within a period of fifteen days hence. On such event, the Opposite Party no.1 shall consider the representation and dispose of the same, after affording reasonable opportunity of hearing to the petitioner, within a period of one month there from, by a speaking and reasoned order. The Opposite Party No.1 may also consider, if it is desirable on the part of the State Government, which is a welfare State, to give certain incentive to new graduates both unemployed graduate engineers and diploma holders, who opt (s) to take up the profession of executing public works.

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The writ petition is disposed of.

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Urgent certified copy of this order be granted as per rules.

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(S.K. Mishra )

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Judge

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(Savitri Ratho )

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Judge

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Anil Kumar Swain v. State of Odisha

Case brief

What is this about?

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Anil Kumar Swain v. State of Odisha

Case brief

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