Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 44331 (ORI)

BHANUMATI KUMAR v. STATE OF ODISHA

WP(C)/18234/2025 · 2025-07-07

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.18234 of 2025 Bhanumati Kumar ..... Petitioner Represented By Adv. - Satyajit Behera -versus- State Of Odisha & Ors. ..... Opposite Parties Represented By Adv. – U.C. Jena, A.S.C. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 07.07.2025 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel appearing for the Petitioner as well as learned Additional Standing Counsel appearing 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 circumstances it is humbly prayed therefore that the Hon'ble Court may graciously be pleased to issue a writ in the nature of mandamus or any other appropriate writ/writs by directing the opp.party No.2 to enlist the name of the petitioner in the common gradation list for promotion to the post of Agriculture Overseer by considering her representation dated 07.07.2023 under Annexure-10 which was forwarded by Opp. Party No.4 within a stipulated period; Page 2 of 3. Or pass any other order/orders as this Hon'ble Court may think fit and proper.” 4. Learned counsel for the Petitioner at the outset contended that although the service of the Petitioner has been regularised, however, his seniority has not been fixed. As a result, the Petitioner approached the Agriculture District Officer, Dharamgarh, Opposite Party No.4 for fixation of his seniority and to reflect the name of the Petitioner in the common gradation list. He further submitted that the Opposite Party No.4, after due scrutiny, has forwarded the application to the competent authority i.e. the Director of Agriculture and Food Production, Odisha, Bhubaneswar, Opposite Party No.2 vide his letter no.691/2023 dated 09.08.2023 under Annexure-11. He further submitted that although the grievance of the Petitioner is still pending before the Opposite Party No.2 for consideration, however, no final decision has been taken in the meantime. Being aggrieved by such inaction of the Opposite Party No.2, the Petitioner has approached this Court by filing the present writ application. 5. Learned counsel for the State on the other hand contended that he does not have specific instructions in the matter. However, on a careful examination of the writ application it appears that the Opposite Party No.4 has already forwarded the grievance of the Petitioner to the office of the Opposite Party No.2. He further submitted that in the event the issue is pending before the Opposite Party No.2, as is evident from the letter under Annexure-11, he will have no objection if this Court directs the Opposite Party No.2 to take a final decision on the Page 3 of 3. letter dated 09.08.2023 under Annexure-11 to the writ application within a stipulated period of time. 6. Considering the submissions of learned counsels for the parties, on a careful examination of the background facts as well as materials on record, further keeping in view the limited nature of grievance of the Petitioner, this Court deems it proper to dispose of the writ application at the stage of admission by directing the Opposite Party No.2 to consider the case of the Petitioner keeping in view the letter dated 09.08.2023 under Annexure-11 and take a final decision with regard to his seniority and place of the Petitioner in the common gradation list within a period of eight weeks from the date of communication of a certified copy of this order by the Petitioner. It is needless to mention here that the grievance of the Petitioner shall be redressed by passing a speaking and reasoned order. The final decision so taken be also communicated to the Petitioner forthwith. 7. With the aforesaid observations/ directions, the writ application stands disposed of. 8. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge Anil Designation: Junior Stenographer