WP(C)/9763/2020
2021 Latest Caselaw 1501 Ori

                                   W.P.(C) No. 9763 of 2020




02.   05.02.2021               This     matter    is   taken     up   through        video
                   conferencing.
                               Heard learned counsel for the petitioner and
                   learned Addl. Government Advocate.
                               The petitioner in this writ petition prays for a
                   direction to opposite party no.2-Executive Engineer, Rural
                   Works Division-II, Malkangiri to reimburse the enhanced
                   differential amount of minimum wages in terms of the
                   judgment of this Court passed in W.P.(C) No.29271 of 2011
                   (Mahesh Prasad Mishra v. State of Orissa) in respect of the
                   tender work for "Improvement to Road and C.D. and
                   Maintenance works under PMGSY Package No. OR-20-
                   32/VII in the district of Malkangiri.
                               Learned counsel for the petitioner submitted
                   that highlighting the grievance as has been made in this writ
                   petition, the petitioner has already filed a representation
                   before opposite party no.2 on 16.7.2019 under Annexure-5,
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                   which has not yet been disposed of. Therefore, he prays that
                   a direction may be issued to the said opposite party to
                   dispose of the same within a stipulated period.
                               This     being    the   limited    grievance     of    the
                   petitioner, we dispose of the writ petition directing opposite
                   party no.2 to dispose of the representation of the petitioner
                   dated 16.7.2019 under Annexure-5 within a period of three
                   months from the date of appearance of the petitioner. For
                   convenience of the parties, let the petitioner appear before
                   opposite party No.2 on or before 22.2.2021 and produce all
                   the relevant documents in support of his claim including the
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decision of this Court passed in W.P.(C) No.29271 of 2011,
which shall be verified by the said opposite party No.2 and
the decision shall be taken within the period as indicated
above in the light of the decision of this Court passed in
W.P.(C) No. 29271 of 2011 after giving opportunity of
hearing to the petitioner.
            As   the   restrictions   due   to   the   COVID-19
situation are continuing, learned counsel for the parties may
utilize a soft copy of this order available in the High Court's
website or print out thereof at par with certified copies in the
manner prescribed, vide Court's Notice No. 4587, dated 25th
March, 2020.


                                        ..................
                                         S.Panda,J.

....................... S.K.Panigrahi, J