Dukhishyam Swain vs State Of Odisha & Ors
2023 Latest Caselaw 10380 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.(C) No. 28237 of 2023

        Dukhishyam Swain                       ....                 Petitioner
                                                          Mr. S.K. Mishra, Advocate

                                             -versus-

        State of Odisha & Ors.                 ....                Opposite Parties
                                                                Mr. S.K. Samal, AGA

                            CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                       ORDER

30.08.2023 Order No

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

2. Heard learned counsel for the Petitioner and learned counsel for the Opposite Parties.

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

"It therefore, most humbly prayed that this Hon'ble Court may be graciously pleased to:

i) Admit the writ application;

                           ii)     Call for the records;
                           iii)    Direct to the Opp. Parties to release the

differential arrear salary of the petitioners w.e.f.01.01.2016 to 30.09.2017 under ORSP Rule-2017 pursuant came to in the to force 01.01.2016 Finance Department Notification dtd.20.09.2017 under Annexure-2 as well as pay fixation made by the Opp. Parties under Annexure-3 to application within a stipulated period. the writ application within a stipulated period.

iv) Direct to the Opposite Parties to consider the case of the petitioner as per the decision of this Hon'ble Court in the // 2 //

case of Smt. Dipti Ray and Others Vrs. State of Odisha and Others reported in 2004(II) OLR 718 and the State the State Government (School and Mass Education Department challenged the judgment of this Hon'ble Court before the Hon'ble Supreme Court bearing Civil Appeal No.2685/2007 (State of Orissa and Others Vrs. Smt. Dipti Roy) and that is also dismissed by the Hon'ble Supreme Court of India, on dated 18.08.2010 under Annexure-4.

And further be pleased to pass any other order(s)/ direction(s) as would be deemed just and proper in the interest of justice.

And for this act of kindness, the petitioner shall as in duty bound, ever pray."

4. Learned counsel for the Petitioner submits that through highlighting his grievances, the Petitioner has filed a representation at Annexure-5 to the Writ Petition before the O.P. No. 2, but till date nothing has been done in the matter. In such background, learned counsel for the Petitioner prays that a direction be issued to Opposite Party No. 2 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. 2 to take a decision on the above noted petition in accordance with law within a period of three (3) months from the date of receipt of this order and communicate the result of such exercise to the Petitioner.

6. The Writ Petition is disposed of accordingly.

Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA (Biraja Prasanna Satapathy) Designation: Jr. Stenographer Reason: Authentication Judge Location: High Court of Orissa, Cuttack Date: 31-Aug-2023 18:57:25 Sneha