Orissa High Court
Arunodaya Panigrahi vs State Of Odisha And Others on 1 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.13028 of 2023
Arunodaya Panigrahi .... Petitioner
Mr.Agasti Kanungo, Advocate
-versus-
State of Odisha and others .... Opposite Parties
A.Behera, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 01.05.2023
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.
3. The Petitioner has filed the present writ application with the
following prayer:
" It is therefore prayed that this Hon'ble Court may be
graciously pleased to issue a writ of mandamus directing the
Opp.Party No3 to act upon the recommendation of the
screening committee held on 13.09.2022 and forwarded vide
letter dated 04.11.2022 of the RCCF under Annexure-5 to
extend the benefit of Upgradation w.e.f. 20.05.1995 the 1st
upgradation (10 years) G.P. Rs.2800/- and w.e.f. 20.05.2005,
2nd upgradation (20 years) in G.P. Rs.4600/- and w.e.f.
20.05.2015 (3rd upgradation) 30 years in Grade Pay Rs5400/-
under the MACP Scheme of vide Finance Department
Resolution dated 06.02.2013 (Annexure-1) followed by the
letter dated 25.11.2013 (Annexure-2) giving complete benefit
of the judgment and Law decided in WP.(C) No.2331 of 2016
Bihari Lal's case (State of Orissa and another -vrs.-Bihari Lal)
disposed of on 27.06.2016.
And further be pleased to pass any other order/orders,
writ/writs, direction/directions appropriate under the
circumstances as this Hon'ble Court 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 fresh representation
ventilating his grievance before the Principal Chief Conservator of
Forests, Odisha, Opposite Party No.3, which may be considered
within a stipulated period of time in accordance with law.
5. Learned Additional Standing Counsel on the other hand
submits that he has no objection if liberty is granted to the Petitioner
to file fresh representation before the Opposite Party No.2 and the
same is considered and disposed of in accordance with law.
6. Considering the limited nature of prayer, this Court deems it
proper to dispose of the Writ Petition by giving liberty to the
Petitioner to approach opposite Party no.3 by filing a fresh
representation taking therein all the grounds in support of his prayer
along with supporting documents within a period of two weeks from
today. In the event such representation is filed the Opposite party
No.3 shall do well to consider the representation of the Petitioner in
accordance with law keeping in view the recommendation under
Annexure-5 and the decision under Annexure-6 and dispose of the
representation of the Petitioner within a period of eight weeks from
the date of filing representation by passing a reasoned and speaking
order.
7. With the aforesaid observation, the writ application stands
disposed of.
RKS ( A.K. Mohapatra )
Judge
