Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 41014 (ORI)

DAITARI MOHANTA v. STATE OF ODISHA

WP(C)/16850/2025 · 2025-06-23

Aditya Kumar Mohapatra

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.16850 of 2025 Daitari Mohanta ..... Petitioner Represented By Adv. – Mr. Jayananda Jena -versus- State of Odisha and others ..... Opposite Parties Represented By Adv. – Mr. Chandra Madhab Singh, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 23.06.2025 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 the learned counsel for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto. 3. The present writ petition has been filed by the Petitioner with the following prayers:- “It is therefore humbly prayed that your Lordship be pleased to admit the Writ Application, issue RULE NISI calling upon the Opposite Parties to show cause and if the Opposite Parties fails to show cause or shows insufficient cause, issue appropriate writ direction and order directing the Opposite Parties to pass appropriate Order of antedated promotion to the rank of Horticulture Overseer in favour of the Petitioner from the date his immediate Juniors got such promotions with due financial benefits; Page 2 of 3. And direct the OPs to open the seal cover, if adhered to in case of the Petitioner in the matter of promotion to the rank of Horticulture-Overseer; And pass such other Order and Orders as this Hon'ble Court may deem fit and necessary.” 4. It is stated by the learned counsel for the Petitioner that after the disciplinary proceeding pending against the Petitioner culminated with the imposition of minor penalty, the Petitioner had approached the Opposite Party No.2 to open any sealed cover which might have been adopted during the procedure followed by the DPC convened to consider promotion of officers to higher rank, by virtue of which junior officers have been given promotion vide office order dated 25.02.2019 under Annexure-3 to the writ petition and for the recommendation in favour of the Petitioner be acted upon as the disciplinary proceeding pending against the Petitioner has already come to an end. He further contended that although the Petitioner has filed a specific representation on 03.10.2023 under Annexure-5 to the writ petition before the Opposite Party No.2, however the same has not been considered as of yet. Being aggrieved by such inaction of Opposite Party No.2, the Petitioner has approached this Court by filing the present writ petition. 5. Learned counsel for the State, on the other hand, contended that although he has no specific instruction in the matter, however, considering the grievance of the Petitioner as involved in the present writ petition, he will have no objection in the event this Court directs the Opposite Party No.2 to consider and dispose of the representation of the Petitioner dated 03.10.2023 under Annexure-5 in accordance with law and within a stipulated period of time, if the same is still pending. Page 3 of 3. 6. Having heard the learned counsels appearing for the respective parties and on a careful analysis of their submissions, further taking into consideration the documents annexed to the writ petition, further keeping in view the nature of the dispute involved in the present writ petition, this Court disposes of the writ petition at the stage of admission by directing the Opposite Party No.2 to consider the representation of the Petitioner dated 03.10.2023 under Annexure-5 to the writ petition and dispose of the same strictly in accordance with law within a period of six weeks from the date of communication of a certified copy of this order. It is needless to mention here that the representation of the Petitioner shall be considered and disposed of by passing a speaking and reasoned order. Any decision so taken on the said representation shall be communicated to the Petitioner within ten days thereafter. 7. With the aforesaid observation and direction, the writ petition stands disposed of. Urgent certified copy of this order be granted on proper application. ( Aditya Kumar Mohapatra) Judge Debasis