Jagadish Patro vs State Of Odisha And Others
2023 Latest Caselaw 8133 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  W.P.(C) No.22795 of 2023

                 Jagadish Patro                          ....          Petitioner

                                                          Mr. K. Rath, Advocate
                                              -versus-
                 State of Odisha and others              ....        Opp. Parties

                                                              Mr. S.Das, A.G.A.
                                        CORAM:
                            JUSTICE A.K. MOHAPATRA
                                        ORDER

Order No.                              25.07.2023
    01.     1.      This matter is taken up through Hybrid Arrangement
            (Virtual /Physical Mode).

2. Heard learned counsel for the petitioner as well as learned counsel for the State. Perused the record.

3. The present writ petition has been filed by the petitioner with the following prayers:

"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 pay protection in favour of the petitioner as on date of relieve from the office of DRDA, Ganjam as Junior Engineer dtd. 29.11.1994 shall not be allowed and the differential salary from the date of joining at new place dtd. 30.11.1994 onwards shall not be granted with interest in the light of the judgment Santosh Kumar Arukh and batch of cases upheld by Hon'ble Supreme Court in SLP(C)-CC No.-3908/2017 dtd. 23.2.2017 (State of Odisha Versus Santosh Kumar Arukh).

// 2 //

Failing to show cause issue the writ of mandamus directing the Oppo. Parties to grant the pay protection which he was drawing as on date of relieve from the office of DRDA, Ganjam.

And pass such other writ/writs, order/orders, direction/directions as may be deemed fit and proper."

4. It is submitted by learned counsel for the petitioner that although the petitioner has filed representation dated 01.06.2023 under Annexure-4 before the Principal Secretary, Housing and Urban Development Department, Bhubaneswar-Opposite Party No.1, the same is still pending before the said Opposite party and the said Opposite Party has not taken any decision as of now.

5. Learned counsel for the State submits that he has no objection, if a direction is given to the Principal Secretary, Housing and Urban Development Department, Bhubaneswar- Opposite Party No.1 to consider the representation of the petitioner in accordance with law within a stipulated period of time.

6. Considering the submissions made, the limited nature of grievance involved in the present writ petition, keeping in view the case of the petitioner, this Court disposes of the writ petition at the stage of admission with a direction to the Principal Secretary, Housing and Urban Development Department, Bhubaneswar-Opposite Party No.1 to consider the representation of the petitioner dated 01.06.2023 under Annexure-4 in // 3 //

accordance with law 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 considered and disposed of by passing a speaking and reasoned order. Any decision so taken on the said representation shall be communicated to the petitioner within a period of two weeks thereafter.

7. With the aforesaid observation/direction, the writ petition is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu