Abinash Tarai Vs State of Odisha

“ Therefore it is prayed to this Mon'ble Court would graciously be pleased to admit the Writ Petition, issue the rule nisi calling upon the Opposite Parties to ShowCause as to why the illegal promotion Order of the Opp.Party No.4 dated 18.09.2023 under Annexurc-3 shall not be quashed.

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And further direct the Opposite Party No.2 to extend the notional benefits of promotion to the rank of the Deputy Ranger with retrospective effect from the date of

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promotion of the junior ,Opposite Party No.4 ,i.e 18.09.2023 with fixation of his Seniority and extend the same in the time Scale of higher grade and if the said Opp.Parties will fail to file show cause or shows insufficient cause, make the rule nisi absolute and issue an appropriate Writ/Orders Or direction/directions for consideration of the pending Representation dtd 11.11.2024 before the Opp.Party No.2 under Annexure8 within a stipulated time.”

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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 Principal Chief Conservator of Forests, Odisha, BBSR, At/P.OAranyabhawan, Chandrasekharpur, BBSR, Dist.Khurda, Opposite Party No.2 under Annexure-8. 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.2 to consider the representation of the Petitioner under Annexure-8 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.2, 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.2 to consider the representation of the Petitioner under Annexure-8

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keeping in view the under Annexures-3, 6 and 7 within a period of eight weeks from the date of production of certified copy of this order. The Opposite Party No.2 shall do well to dispose of the representation of the Petitioner under Annexure-8 by passing a speaking and reasoned order. The decision so taken by the Opposite Party No.2 be also communicated to the Petitioner within two weeks thereafter.

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