Subash Sutar vs State Of Odisha & Ors
2021 Latest Caselaw 6766 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  W.P.(C) No. 17378 of 2021

            Subash Sutar                           .....                   Petitioner
                                                              Mr. K.C. Sahu, Advocate
                                            - Versus-

            State of Odisha & Ors.                 .....              Opposite parties
                                                           Addl. Government Advocate

                         CORAM:
                             DR. JUSTICE B.R. SARANGI

                                            ORDER

01.07.2021

Order No. This matter is taken up through video conferencing.

Heard Mr. K.C. Sahu, learned counsel for the petitioner. The petitioner has filed this writ petition seeking direction to opposite parties to allow him 1st ACP benefit w.e.f. 25.01.1999 on completion of 15 years of services, 2nd & 3rd RACP benefits in favour of the petitioner by taking into account the date of initial appointment of the petitioner by granting & fixing his basic pay in the time scale of his promotional post in P.B.-2, i.e., 9,300/- to Rs.34,800/- with G.P. Rs. 4200/- & Rs.4600/- w.e.f. 01.01.2013 & 25.01.2014 in accordance with Annexure-4 & 5 so also keeping in view of the judgment/order passed by this Court as well as Apex Court in the case of State of Odisha and another v. Bihari Lal and others (W.P.(C) No.2831 of 2016 disposed of on 27.06.2006).

In course of hearing, learned counsel for the petitioner states that the petitioner may be permitted to file a fresh representation before the authority highlighting his grievances as has been indicated in this writ petition, so that the authority can apply its mind and pass appropriate order in accordance with law.

Considering the facts and circumstances of this case, but, however, without expressing any opinion on the merits of the case, this writ petition stands disposed of with the direction that in case the petitioner, with regard to the grievance made in this petition, file a fresh comprehensive representation before the opposite party no.1 within 15 days hence, the same shall be considered and decided by the said authority by passing a reasoned and speaking order as expeditiously as possible, preferably within a period of three months from the date of receipt of such representation along with the authenticated/certified copy of this order.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's Notice No. 4798 dated 15th April, 2021.

(DR. B.R. SARANGI) A.K. Rana JUDGE