Disposed

Jameswar Pradhan v. State of Odisha

Orissa HC22 Mar 2023WP(C)/7743/2023

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of, in the admission stage, a writ petition for promotion and seniority correction. It directed the Principal Secretary to Agriculture to consider the petitioner's representation within two months with reasons.

What did the court decide?

Direction to the Principal Secretary to Agriculture to consider the petitioner's representation on promotion within two months and dispose of it by a speaking order.

Jameswar Pradhan Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.7743 of 2023

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Sri Jameswar Pradhan

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…. Petitioner Mr. M. Pratap @

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Pratap Kumar Mohapatra, Advocate

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-versus-

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The State of Odisha and others

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…. Opp. 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 as well as learned counsel for the State-Opposite Parties.

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The present writ petition has been filed by the Petitioner with the following prayers:-

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“It is, therefore, prayed before the Hon’ble Court to allow the petition,

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AND

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(i) Further be pleased to issue the writ of certiorari to declare the Rejection Order of the Principal Secretary to Govt., Agriculture Department dt. 11.11.2011 as bad in law,

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AND

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(ii) Further be pleased to issue writ of mandamus or any other appropriate writ(s)/direction(s)/order(s) directing the O.P. No.2 to consider for promotion of the Petitioner to the rank of Horticulture Overseer, when his juniors in general and the O.P. No.5 in particular was promoted w.e.f. dt. 22.01.2010

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// 2 //

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with all service and financial benefits.

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AND

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(iii) Further be pleased to issue writ of mandamus or any other appropriate writ(s)/direction(s)/order(s) directing the O.P. No.2, the Director of Horticulture to correct the inter-se-seniority of Petitioner in the rank of Field Technician in view of inter-se-seniority as decided and maintained vide Order No.26644 dt. 28.8.1991 from Govt. in Agriculture Department read with Para-ii of the Order dt.32698 dt.20.11.1998 of the Govt. in Agriculture Department, which was given judicial stamp in Judgment/Order dt.22.08.2006 passed in O.A. No.2233/1998 and batch cases.

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(iv) Further be pleased to pass order(s)/direction(s)/writ(s) as deemed fit and proper in the fact and circumstances of the case.”

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It is submitted by learned counsel for the Petitioner that although the Petitioner has filed representation under Annexure-14 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.

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Learned counsel for the State submits that he has no objection, if a direction is given to the authority concerned to consider the representation of the Petitioner 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

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of the Petitioner under Annexure-14 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.

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Urgent certified copy of this order be granted on proper application.

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( A.K. Mohapatra)
Judge

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Debasis

Jameswar Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Jameswar Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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