Disposed

Md. Sams Tabrez v. State of Odisha

Orissa HC22 Mar 2023WP(C)/5798/2023

Case brief

AI extract

What is this about?

Writ petitioner sought regularization of his post as Jr. Clerk. The High Court, without opinion on merits, directed the State to consider the pending representation within two months and dispose of it via a reasoned order citing Supreme Court precedents.

What did the court decide?

Direction to Opposite Party No.1 to consider the petitioners representation under Annexure-5 within two months and pass a speaking and reasoned order.

Md. Sams Tabrez 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.5798 of 2023

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Md Sams Tabrez

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…. Petitioner

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Mr. Ramdas Achary, Advocate

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-versus-

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State of Odisha & others

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…. Opposite Parties Mr. Arnav Behera, ASC

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

Order No.

22.03.2023

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

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

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The Petitioner has filed the present writ application with the following prayer:-

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“It is therefore, prayed that this Hon’ble Court may graciously be pleased to:

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Admit this writ petition.

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And

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Issue an appropriate Writ of like nature and Direction(s) or Order(s) to Opposite Party No.1 to consider the case of the petitioner to regularize his post of Jr. Clerk in the Office of Opposite Party No.3 vide Annexure-5 Series and further to regularize his service.

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And

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Pass such other or further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.”

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In course of hearing of the writ application, learned counsel for the Petitioner submits that the Petitioner ventilating his grievance has

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// 2 //

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submitted representation before the Opposite Party No.1- Commissionercum-Secretary to Government, S.T. & S.C. Development, Minorities & Backward Classes Welfare Department, Odisha, Bhubaneswar under Annexure5. It is also submitted by the learned counsel for the Petitioner that the said representation is pending as of now. It is also submitted by the learned counsel for the Petitioner that a direction be issued to the Opposite Party No.1 to consider the representation of the Petitioner under Annexure-1 within a stipulated period of time.

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Learned Additional Standing Counsel appearing for the StateOpposite Parties submits that he has no objection if the representation of the Petitioner is considered by the Opposite Party No.1, which is stated to be pending, in accordance with law within a stipulated period of time.

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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-5 in accordance with law within a period of two months from the date of production of certified copy of this order. The Opposite Party No.1 shall do well to dispose of the representation of the Petitioner under Annexure-5 by passing a speaking and reasoned order keeping in view the law laid down by the Hon’ble Supreme Court in the cases of Secretary, State of Karnataka -v.- Uma Devi, reported in (2006) 4 SCC 1; State of Karnataka v. M.L. Keshari, (2010) 9 SCC 247; and Amarkant Rai v. State of Bihar, (2015) 8 SCC 265 . Any decision so taken on the said representation shall be communicated to the Petitioner within a period of two weeks thereafter.

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Issue urgent certified copy of this order as per Rules.

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( A.K. Mohapatra ) Judge

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Debasis

Md. Sams Tabrez v. State of Odisha

Case brief

What is this about?

What did the court decide?

Md. Sams Tabrez v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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