Disposed

Chandra Sekhar Das v. State of Odisha

Orissa HC10 May 2023WP(C)/13338/2023

Case brief

AI extract

What is this about?

In this writ petition regarding appointment as Constable (Civil) against Home Guards vacancies, the Court permitted the petitioner to submit a fresh representation to the authority within two weeks, ordered the authority to decide within four weeks, and communicate the decision within two weeks thereafter, without deciding the merits.

What did the court decide?

Permission granted to file a fresh representation; authority directed to consider it and decide within four weeks.

Chandra Sekhar Das Vs State of Odisha — Service and Employment | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 13338 of 2023

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Sri Chandra Sekhar Das

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…. Petitioner

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Mr. Nihal Rath, Advocate

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-versus-

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State of Odisha and others

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…. Opposite Parties

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Mr. Arnav Behera, A.S.C.

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CORAM: JUSTICE A.K.MOHAPATRA

ORDER

Order No.

10.05.2023

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

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2. Heard learned counsel for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Parties.

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3. The Petitioner has filed the present writ petition with the following prayer:-

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“It is, therefore, most humbly prayed that this Hon’ble Court may be pleased to Admit the writ application, issue rule Nisi calling upon the opp. parties to show cause as to why the prayers made hereunder be not allowed, upon showing insufficient cause/no cause make the said Rule absolute, issue writ/writs in the nature of

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i. Mandamus directing the opp. parties to consider the case of the petitioner for his appointment as Constable (Civil) against one of the vacancies meant for Home Guards category by way of relaxing the rule so far as it relates to the physical efficiency test and to appoint him as a Constable (Civil) from the

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date the selected candidates at Annexure-5 got appointment with all service and financial benefits.

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ii. And/or may pass such other writ/writs, order/orders, direction/directions as this Hon’ble Court may think fit and proper for the ends of justice.”

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4. It is submitted by the learned counsel for the Petitioner that the Petitioner wants to make a fresh representation before the authority concerned with a direction from this Court to the authority to consider the case of the Petitioner within a stipulated period of time.

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5. Learned counsel for the State-Opposite Parties submits that he has no objection if the Petitioner is permitted to file a fresh representation before the authority concerned with a direction to the authority concerned to consider the representation of the Petitioner in accordance with law within the stipulated period of time.

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6. Considering such submission and without expressing any opinion on the merit of the case, this Court disposes of the writ petition permitting the Petitioner to make a fresh representation before the Opposite Party No.3 within a period of two weeks from today and in the event such representation is filed before the Opposite Party No.3, the Opposite Party No.3 shall do well to consider the representation of the Petitioner keeping in view the vacancy position and dispose of the same strictly in accordance with law by passing a speaking and reasoned order within a period of four weeks from the date of

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filing of such representation. The decision so taken on such representation shall be communicated to the Petitioner within two weeks thereafter.

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(A.K. Mohapatra) Judge

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Debasis

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Signature Not Verified

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Digitally Signed Signed by: DEBASIS AECH Designation: PA Reason: Authentication Location: OHC CUTTACK Date: 17-May-2023 16:00:38

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Chandra Sekhar Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Chandra Sekhar Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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