Orissa High Court
Sanjay Kumar Padhy vs State Of Odisha And Another on 13 July, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.21568 of 2023
Sanjay Kumar Padhy .... Petitioner
Mr.Karunakar Rath, Advocate
-versus-
State of Odisha and another .... Opposite Parties
Mr.T.Pattnaik, A.S.C..
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 13.07.2023
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 Standing Counsel. Perused the Writ Petition as well as the
documents annexed thereto.
3. The Petitioner has filed the present writ application with the
following prayer:
" It is, therefore, most humbly prayed that this
Hon'ble Court may be graciously pleased to admit this
writ petition, call for the records, issue rule Nisi calling
upon the Opp.Parties as to why the Petitioner shall not
be granted the ACP with increment, 1st RACP @ 4,600/-
with 3% increment, 2nd RACP @ 5400/- with 3%
increment with effect from 09.06.2010, 01.01.2013,
09.06.2015 respectively as per Finance department
Resolution dated 06.02.2013 involving Rule 13(1) & 14
of ORSP Rule, 2008 and in the light of judgment of
State of Odisha versus Bihari Lal Barik in W.P.(C)
No.2831/2016 vide order dated 27.06.2016.
Failing to show cause issue the writ of mandamus
directing the Opp.Parties to grant the ACP with
// 2 //
increment, 1st RACP with grade pay @ 4600 with 3%
increment, 2nd RACP with grade pay @ 5400/- with 3%
increment with effect from 09.06.2010, 01.01.2013,
09.06.2015 respectively in the light of judgment of State
of Odisha versus Bihari Lal Barik in W.P.(C)
No.2831/2016 and in the light of the judgment passed by
this Hon'ble Court in W.P.(C) No.5297/2020 dated
12.02.2020.
And pass such other writ/writs, order/orders,
direction/directions as may be deemed fit and proper."
4. In course of hearing of the writ application, learned counsel for
the Petitioner submits that the Petitioner ventilating his grievance has
submitted representation before the Principal Secretary, Housing and
Urban Development Department, Odisha, Opposite Party No.1 under
Annexure-2. It is also submitted by the learned counsel for the
Petitioner that the said representation is pending as of now. It is also
submitted by the learned counsel for the Petitioner that a direction be
issued to the Opposite Party No.1 to consider the representation of
the Petitioner under Annexure-2 within a stipulated period of time.
5. Learned Additional Standing Counsel submits that he has no
objection if the representation of the Petitioner is considered by the
Opposite Party No.1, which is stated to be pending, in accordance
with law within a stipulated period of time.
6. Considering the limited nature of grievance of the Petitioner,
the writ application is disposed of at the stage of admission with a
direction to the Opposite Party No.1 to consider the representation of
the Petitioner under Annexure-2 in accordance with law keeping in
view the law laid down in the case of State of Odisha -v.-Bihari Lal
Barik in W.P.(C) No.2831 of 2016 within a period of eight weeks
from the date of production of certified copy of this order. The
Opposite Party No.1 shall do well to dispose of the representation of
the Petitioner under Annexure-2 by passing a speaking and reasoned
// 3 //
order. 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.
RKS ( A.K. Mohapatra )
Judge
Signature Not Verified
Digitally Signed
Signed by: RAMESH KUMAR SINGH
Designation: Ex-A.R.-cum-Sr. Secretary
Reason: Authentication
Location: High Court of Orissa
Date: 17-Jul-2023 10:58:50
