Chittaranjan Parida And vs State Of Odisha And
2023 Latest Caselaw 3658 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.(C) No.11432 of 2023

        Chittaranjan Parida and
        Others                               ....                    Petitioners
                                                     Mr. P.K. Behera, Advocate

                                          -versus-
        State of Odisha and
        Others                               ....                Opposite Parties
                                                           Mr. R.N. Mishra, AGA

                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                            ORDER

18.04.2023 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel for the parties.

3. The Petitioners have filed the present Writ Petition with the following prayer: -

<Under the above circumstance, it is therefore humbly prayed that this Hon'ble Court be graciously pleased to issue a writ in the nature of writ of mandamus or any other appropriate writ, direction or order to the opp. Parties more particularly Secretary to Government, School & Mass Education Department, <herein referred as opp. Party No.1= to take decision on the representation under Annexure-5 of the petitioners with regard to prayer for grant of increment as per Government Order dated 11.01.2022 and accordingly to fix the pay of the petitioners after granting increment with effect from 01.01.2023 under ORSP Rules, 2017 and to allow to submit the proposal as per the pay fixation made, vide Govt. order dated 11.01.2022 and to accept the proposal and accordingly extend the financial benefit as well as differential arrear salary along with other consequential benefits in favour of the petitioners; within a // 2 //

reasonable time to be stipulated by this Hon'ble Court; by taking into account the judgment law pronounced by this Hon'ble Court in case of Smt. Dipti Roy Vrs. State of Orissa and others, reported in 2004 (II) OLR-718 and Bijay Ketan Khatua Vrs. State of Orissa and others, reported in 2015 (I) OLR-452.=

4. Learned counsel for the Petitioners submits that through highlighting their grievances, the petitioners have filed a representation vide Annexure-5 to the Writ Petition, but till date nothing has been done in the matter. In such background, they pray that a direction be issued to opposite party No.1 to take a decision on the above noted petition within a specific time period.

5. Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs opposite party No.1 to take a decision on the above noted petition in accordance with law taking into account the decision of this Court in the case of Smt. Dipti Roy Vrs. State of Orissa and others & Bijay Ketan Khatua Vrs. State of Orissa and others, within a period of three months from the date of production of certified copy of this order and communicate the result of such exercise to the petitioners.

6. The Writ Petition is disposed of accordingly.

(Biraja Prasanna Satapathy) Judge

Basudev