Prakash Chandra Ghanta vs State Of Odisha And Another
2023 Latest Caselaw 9764 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No.26029 of 2023

                 Prakash Chandra Ghanta               ....            Petitioner
                                            Mr. Deepankar Panigrahi, Advocate
                                             -versus-

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

                                          CORAM:

                           JUSTICE A.K. MOHAPATRA
                                            ORDER

Order No.                                 22.08.2023
    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel for the Petitioner as well as learned Additional Government Advocate.

3. The Petitioner has filed this writ petition with the following prayer :

"It is therefore prayed that, this Hon'ble Court may graciously be pleased to admit the Writ Application, issue notice to the Opp.Parties and after hearing the parties may further be pleased to :

i) Direct to order that the Petitioner shall be allowed grade pay of Rs.5400/- with effective from 14.07.2016 the date of eligibility of getting 3rd RACP in the light of the judgment State of Odisha and Anr. Vrs. Bihari Lal and Ors. Passed in W.P.(C) No.2831 of 2016 disposed of on 27.06.2016 and similar matter disposed of on 19.082019 in W.P.(C) No.14528 of 2019.

ii) Direct order that the arrear differential salary along with other benefits if any shall be paid within a stipulated period with admissible interest thereon. And pass such other order/orders as would be deem fit and proper."

// 2 //

4. In course of hearing, learned counsel for the Petitioner submits that the Petitioner may be granted liberty to file a fresh representation ventilating his grievance before the Collector-cum-District Magistrate, Nabarangpur, Opposite Party No.3 which may be considered within a stipulated period of time in accordance with law.

5. Learned Additional Government Advocate on the other hand submits that he has no objection if liberty is granted to the Petitioner to file a fresh representation before the Opposite Party No.3 and the same is considered and disposed of in accordance with law.

6. In view of the aforesaid limited nature of grievance of the petitioner, this Court disposes of the writ petition granting liberty to the Petitioner to file a fresh representation before the Collector-cum- District Magistrate, Nabarangpur, Opposite Party No.3 ventilating his grievance within a period of three weeks. If such a representation is filed within the time stipulated, the same shall be considered and disposed of by the Opposite Party No. 3 in accordance with law taking into consideration Annexure-5 within a period of eight weeks from the date of filing representation by passing a speaking and reasoned order and the decision so taken on the representation of the petitioner be communicated to the Petitioner within two weeks thereafter.

7. With the aforesaid observation the writ application stands disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra ) Judge Anil

Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 23-Aug-2023 11:37:18