Aswini Kumar Das vs State Of Odisha & Ors
2021 Latest Caselaw 12193 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No.34216 of 2021


            Aswini Kumar Das                 .....                          Petitioner
                                                                      Mr. J.K. Khuntia,
                                                                              Advocate
                                           -Versus-

            State of Odisha & Ors.           .....                     Opposite Parties

                                                                         State Counsel

                         CORAM:
                             DR. JUSTICE B.R. SARANGI


                                          ORDER

26.11.2021

I.A. No.17163 of 2021 Order No. This matter is taken up through hybrid mode.

2. This interlocutory application has been filed by the petitioner for correction/modification of the order dated 08.11.2021.

3. Heard Mr. J.K. Khuntia, learned counsel for the petitioner and learned Additional Government Advocate for the State.

4. Considering the averments made in the application itself, the order dated 08.11.2021 is recalled and fresh order is passed in W.P.(C) No.34216 of 2021.

The interlocutory application stands disposed of.

(DR. B.R. SARANGI) JUDGE

Cont...

W.P.(C) No.34216 of 2021

Order No.03 This matter is taken up through hybrid mode. 26.11.2021

2. Heard learned counsel for the petitioner.

3. The petitioner has filed this writ petition seeking direction to the opposite parties to allow grade pay of Rs.5400/- with effective from 16.04.2016 the date of eligibility of getting 3rd RACP in the light of the judgment in the case of State of Odisha and another v. Bihari Lal and others (W.P.(C) No.2831 of 2016 disposed of on 27.06.2016) within a stipulated time.

4. In course of hearing, learned counsel for the petitioner states that the petitioner may be permitted to file a fresh representation before the authority and the same may be directed to be disposed of keeping in view the judgment in State of Odisha and another v. Bihari Lal and others (W.P.(C) No.2831 of 2016 disposed of on 27.06.2006) within a stipulated time, to which learned State Counsel has raised no objection.

5. As agreed by learned counsel for the parties, this Court without expressing any opinion on the merits of the case, disposes of the writ permitting the petitioner to file a fresh representation before the authority within two weeks hence. If such application is filed, the concerned authority shall consider the same and pass appropriate order keeping in view the judgment in Bihari Lal (supra) within a period of three months from the date of production of certified copy of this order along with the representation.

Issue urgent certified copy as per rules.

                                                          (DR. B.R. SARANGI)
Alok                                                           JUDGE