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2025 DAILYLAW 20573 (ORI)

BHAKTAHARI JENA v. STATE OF ODISHA

WP(C)/6577/2025 · 2025-03-11

Aditya Kumar Mohapatra

Writ Petition (Civil)body2025

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.6577 of 2025 Bhaktahari Jena ..... Petitioner Represented By Adv. - Snigdha Behera -versus- 1) State Of Odisha ..... Opposite Parties 2) Director Of Public Health , Odisha 3) Director Of Health Services 4) Chief District Medical And Public Health Officer@chairperson Of District P. Committee, Bhadrak 5) District Magistrate And Collector, Bhadrak 6) Superintendent , Community Health Centre Represented By Adv. – Ms.Babita Kumari Sahoo, AGA CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 11.03.2025 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Government Advocate for the State- Opposite Parties. Perused the writ application as well as the documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer: “Under the above circumstances, it is humbly prayed that your Lordship may graciously be pleased Page 2 of 3. to admit the writ petition. And a) A writ of mandamus may be issued commanding the Opposite Party No.4 CDM & PHO, Bhadrak @ Chairman of District Promotional Committee to give the promotion to the Petitioner to the post of MPHW(M) Level-I in accordance with seniority in view of the principles decided by this Hon’ble Court that pendency of criminal proceeding shall not be bar of the promotion; And b) Pass such other order/orders, direction/directions may be passed giving complete relief to the Petitioners and bona fide interest of justice.” 4. 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 Chief District Medical & Public Health Officer, Bhadrak, Opposite Party No.4 under Annexure-5. 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.4 to consider the representation of the Petitioner under Annexure-5 within a stipulated period of time. 5. Learned Additional Government Advocate submits that he has no objection if the representation of the Petitioner is considered by the Opposite Party No.4, which is stated to be pending, in accordance with law within a stipulated period of time. 6. Considering the limited nature of grievance of the Petitioner, the writ application is disposed of at the stage of Page 3 of 3. admission with a direction to the Opposite Party No.4 to consider the representation of the Petitioner under Annexure-5 within a period of eight weeks from the date of production of certified copy of this order. The Opposite Party No.4 shall do well to dispose of the representation of the Petitioner under Annexure-5 by passing a speaking and reasoned order. The final decision so taken by the Opposite Party No.4 be also communicated to the Petitioner within two weeks thereafter. 7. With the aforesaid observation, the writ application stands disposed of. 8. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge RKS SINGH