Harendra Biswal Vs State of Odisha

Heard learned counsel for the Petitioner as well as learned counsel for the State-Opposite Parties. Perused the writ petition as well as the 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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“In view of the above facts and circumstances stated in para-5, the applicant prays for the following relief(s).

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(i) The impugned order dated 21.10.2022 under Annexure-6 shall be revised and reconsider in favour of the applicant as it is illegal, arbitrary and contrary to the

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Page 1 of 3.

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settled position of law.”

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It is stated by the learned counsel for the Petitioner, at the outset, that the Petitioner, who was working in the office of the Collector-cum-District Magistrate, Balangir in the establishment section for last 30 years against Group-D post, is eligible for promotion to the post of Junior Revenue Assistant, however, his case has not been considered. He further contended that some of the employees, who are junior to the Petitioner, have got such promotion ignoring the just and fair case of the Petitioner.

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Learned counsel for the State, on the other hand, contended that on perusal of the documents annexed to the writ petition, it appears that the Petitioner has not approached the competent authority for redressal of his grievance before approaching this Court. Accordingly, learned counsel for the Petitioner submitted that he will have no objection in the event this Court directs the Petitioner to approach the competent authority, i.e. Collector-cum-District Magistrate, Balangir, by filing a detailed representation with a specific direction to the Collector-cum-District Magistrate, Balangir to consider the case of the Petitioner.

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Considering the submissions made by the learned counsels appearing for the respective parties and on a careful examination of the documents annexed to the writ petition, further keeping in view the fact that the Petitioner has not approached the competent authority before approaching this Court, while disposing the writ petition, this Court deems it proper to grant

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liberty to the Petitioner to approach the competent authority. Accordingly, it is directed that the Petitioner shall approach the Opposite Party-Collector-cum-District Magistrate, Balangir along with a copy of this order and a detailed representation taking therein all the grounds along with all supporting documents within two weeks from today. In such eventuality, the Opposite Party-Collector-cum-District Magistrate, Balangir shall consider the representation of the Petitioner and dispose of the same within a period of eight weeks from the date of receipt of such representation. However, it is made clear that the representation of the Petitioner shall be considered and disposed of by passing a speaking and reasoned order. The final decision so taken on such representation shall be communicated to the Petitioner within ten days thereafter.

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