Rajakishore Mahapatra vs State Of Odisha And Others
2023 Latest Caselaw 10173 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C) No.27292 of 2023

                 Rajakishore Mahapatra                   ....             Petitioner
                                              Mr.Prafulla Chandra Acharya, Advocate

                                              -versus-

                 State of Odisha and others              ....      Opposite Parties
                                                              Mr.Saswat Das, A.G.A.

                                         CORAM:

                            JUSTICE A.K. MOHAPATRA

Order No.                                    ORDER
                                            28.08.2023

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

2. Heard learned counsel for the Petitioner as well as the learned Additional Government Advocate. Perused the Writ Petition as well as the documents annexed thereto.

3. The present Writ Petition has been filed with the following prayer :

" The Petitioner, therefore prays that your Lordships would be graciously pleased to admit this case, call for record from the Opp.Parties, issue notice to the Opp.Parties and after hearing the parties allow the same with cost and further issue a writ in the nature of mandamus/certiorari or any other or further writs/directions directing the Opp.Parties to fix the G.P. under 3rd RACP at the rate of Rs.4600/- from 23.03.2014 by modifying pay fixation order under Annexure-6 with all arrears arising out of it or may direct the Opp.PartyNo.1 to take decision on the representation of the Petitioner taking into account the decisions of this Hon'ble Court passed in the case State vrs.

Biharilal (W.P.(C) No.2831/16 decided on 27.06.2016), // 2 //

Ramesh Ch. Deo vrs.State (W.P.(C) No.933/21 disp.on 27.4.23) read and clause-10 of theRACP-13 or may pass any other order as this Hon'ble Court deems fit and proper"

3. It is submitted by the learned counsel for the Petitioner that being aggrieved by the inaction of the Opposite Parties in extending the benefit of 3rd financial upgradation under RACP scheme vide Resolution dated 06.02.2013 the Petitioner has approached this Court by filing the present Writ Petition. Learned counsel for the Petitioner further contended that the issue involved in the present Writ Petition was directly and substantially involved in the case of Ramesh Chandra Deo-v.-State in W.P.(C) No.933 of 2021 decided on 27.04.2023. He further submitted that the case of the Petitioner is also covered by the ratio decided in the case of State of Odisha-vrs.-Biharilal in W.P.(C) No.2831 of 2016 decided on 27.06.2016). In such view of the matter, learned counsel for the Petitioner further submitted that he has approached the Opposite Party no.1 by filing a representation under Annexure-7, but it is alleged that no such final decision has been taken on the representation of the Petitioner.

5. On the other hand, learned Additional Government Advocate submits that since the Petitioner has approached the Opposite Party No.1 by filing a representation, he has no objection if this Court directs the Opposite Party no.1 to consider the representation of the Petitioner strictly in accordance with law within a stipulated period of time, if the same is pending.

5. Considering the submissions made by the learned counsel for the parties, on a careful examination of the materials on record, this Court deems it proper to dispose of the Writ Petition at the stage of admission by directing the Opposite Party No.1 to consider the representation of the Petitioner under Annexure-7, in the event the same is pending, strictly in accordance with law keeping in view the judgment referred // 3 //

to herein above if the same are applicable to the facts of the present case, within a period of two months from the date of production of certified copy of this order. It is needless to mention here that the representation of the Petitioner shall be disposed of by passing a speaking and reasoned order. The decision so taken be communicated to the Petitioner within two weeks thereafter.

7. With the aforesaid observation, the Writ Petition stands disposed of.

8. Issue urgent certified copy of this order as per Rule.

( A.K. Mohapatra ) Judge RKS

Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 01-Sep-2023 16:38:49