Ajaya Kumar Nayak Vs State of Odisha

“Under the aforesaid facts and circumstances of the case, it is therefore, prayed that this Hon'ble Court may graciously be pleased to issue a writ of mandamus or any other appropriate writ/writs by directing the opp.parties to regularize the service of the petitioner from the date of his initial appointment and grant all consequential service and financial benefits to the petitioner forthwith.

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Or pass such other order/orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the 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 submitted representation before the Director, Animal Husbandry and Veterinary services-cum-Honorary Secretary of Utkal Gomangal Samiti, Odisha, Cuttack, AtNuapatna Rd, Mangalabag, Cuttack, Opposite Party No.3 under Annexure-7. 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.3 to consider the representation of the Petitioner under Annexure-7 within a stipulated period of time.

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Learned Additional Government Advocate submits that he has no objection if the representation of the Petitioner is considered by the Opposite Party No.3, which is stated to be pending, in accordance with law within a stipulated period of time.

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Considering the limited nature of grievance of the Petitioner, the writ application is disposed of at the stage of admission with a direction to the Opposite Party No.3 to consider the representation of the Petitioner under Annexure-7 keeping in view the ratio laid down by the Hon’ble Supreme Court in the cases of Secretary, State of Karnataka –v.- Uma Devi,

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reported in (2006) 4 SCC 1 and Amarkant Rai v. State of Bihar, reported in (2006) 4 SCC 1 , in Jaggo vs. Union of India and Others , reported in 2024 SCCOnline SC 3826 , in Sripal and Anr. vs. Nagar Nigam, Gaziabad (decided on 31^st January, 2025) in Civil Appeal No.8158-8179 of 2024 and State of Karnataka-v.-M.L. Kesari , reported in (2010) 9 SCC 47 within a period of eight weeks from the date of production of certified copy of this order. The Opposite Party No.3 shall do well to dispose of the representation of the Petitioner under Annexure-7 by passing a speaking and reasoned order. The decision so taken by the Opposite Party No.3 be also communicated to the Petitioner within two weeks thereafter.