Disposed

Ramesh Chandra Swain v. State of Odisha

Orissa HC12 Mar 2024WP(C)/3934/2022

Case brief

AI extract

What is this about?

Writ petition seeking retrospective promotion as Assistant Agriculture Engineer with consequential benefits, relying on a coordinate bench decision. The court disposed of the petition at admission stage directing the State to reconsider the petitioner's case afresh in terms of that judgment within six weeks by a speaking order.

What did the court decide?

Direction to Opposite Party No.1 to consider petitioner's case afresh per Asutosha Behera's judgment within six weeks and pass a speaking order.

Ramesh Chandra Swain Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.3934 of 2022

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Ramesh Chandra Swain

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…. Petitioner Mr. B.Mansingh,Advocate

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-versus-

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State of Odisha and others

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…. Opposite Party Mr. S.Das,A.G.A.

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CORAM:

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JUSTICE A.K. MOHAPATRA

Order No.

ORDER 12.03.2024

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

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Heard learned counsel appearing for the petitioner as well as learned Additional Government Advocate appearing for the StateOpposite Parties. Perused the writ petition as well as documents annexed thereto.

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

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“The petitioner most respectfully prays that this Hon’ble Court may graciously be pleased to admit/allow this writ petition and after hearing the parties direct the O.Ps to consider the promotion to the rank of Assistant Agriculture Engineer(from Redesignated to Regular)from 18.01.1997 & subsequently to the post of Assistant Executive

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Engineer(Agriculture) with retrospective effect from 23.10.2019 with consequential service benefits in view of judgment/order under Annexure-5 forthwith. Pass such other order(s)/direction (s)/ writ (s) as are deemed just and proper in the bonafide interest of justice.”

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Learned counsel for the petitioner at the outset submitted that the issue involved in the present writ application was directly and substantially in issue before this Court in Asutosha Behera V. State of odisha and another in W.P.(C) No.27063 of 2021 disposed of by a coordinate bench vide judgment dated 06.11.2023 . He further contended that while considering the case of abovenamed Asutosha Behera the Coordinate bench has clarified that the promotion of the petitioner shall be subject to the pending vigilance case. In such view of the matter, learned counsel for the petitioner submitted that the Opposite Parties are directed to consider the case of the petitioner afresh by taking into consideration the judgment of this Court in Asutosha Behera’s case (supra).

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Learned Additional Advocate on the other hand contended that he has already received the PWC for filing the counter affidavit. He further contended that in the event this Court directs the Opposite Parties to consider the case of the petitioner afresh in terms of judgment of this Court in Asutosha Behera’s case (supra) within a stipulated period of time and in accordance with law, then he shall have no objection to the same.

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Considering such submissions made by learned counsels appearing for the respective parties, on a careful examination of the background facts as well as materials on record, this Court, taking into

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consideration the issue involved in the present writ application, deems it proper to dispose of the same at the stage of admission by directing the Opposite Party No.1 to consider the case of the petitioner afresh in terms of the judgment in Asutosha Behera’s case (supra) within a period of six weeks from the date of communication of a certified copy of this order. The petitioner is directed to approach the Opposite Party No.1 along with a copy of the judgment in Asutosha Behera’s case and copy of today’s order within two weeks from today. In such eventuality, the Opposite Party No.1 shall consider and dispose of the grievance of the petitioner by passing a speaking and reasoned order. The final decision so taken be communicated to the petitioner within two weeks from the date of taking such decision.

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With the aforesaid observations/ directions, the writ application stands disposed of.

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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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Rubi

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Signature Not Verified

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Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa Date: 17-Mar-2024 14:57:36

Ramesh Chandra Swain v. State of Odisha

Case brief

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Ramesh Chandra Swain v. State of Odisha

Case brief

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