Shibadutta Mahapatra vs State Of Odisha & Others
2021 Latest Caselaw 10793 Ori

       IN THE HIGH COURT OF ORISSA AT CUTTACK
                     W.P.(C) No.31409 of 2021

Shibadutta Mahapatra                          .....                     Petitioner

                                                         Mr. A.K. Das, Advocate
                                      Vs.
State of Odisha & others                      .....             Opposite parties

                                                                    State Counsel



            CORAM:
                DR. JUSTICE B.R. SARANGI

                                              ORDER

08.10.2021

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

2. Heard learned counsel for the petitioner.

3. The petitioner has filed this writ petition seeking direction to the State opposite parties to modify the wrong fixation of pay of the petitioner vide order dated 22.01.2020 at Sl. No. 8 of the proforma under Annexure-9 and fix up the petitioner in Level-12, Cell-1 at Rs.56,100/- on the basis of grade pay of Rs.5400/- on completion of 30 years of service in the post of VLW/ PEO w.e.f 14.02.2016 in correct interpretation of Rule 13 (ii) red with 13 (v) of ORSP Rules, 2017 under Annexure-8 and the settled principle of law in Bihar Lal case and revise the pension accordingly.

4. In course of hearing, Mr. A.K. Das, learned counsel for the petitioner states that the petitioner may be permitted to move a fresh representation highlighting his grievances before the authority so that the same can be considered in the light of the ratio decided by this Court in State of Odisha and another v. Bihari Lal and others (W.P.(C) No.2831 of 2016 disposed of on 27.06.2006).

5. Considering the limited nature of grievance of the petitioner, this Court directs the petitioner to file a fresh representation within a period of fifteen days from today ventilating his grievances before the authority. In the event the petitioner files such representation along with the judgment passed by this Court in Bihari Lal (supra), the authority shall consider and pass appropriate order taking into consideration the ratio decided in Bihari Lal (supra) within a period of two months thereafter.

6. With the aforesaid observation and direction, the writ petition is disposed of.

Issue urgent certified copy as per rules.

Arun (DR. B.R. SARANGI) JUDGE