Orissa High Court
Ranjit Kumar Patro vs State Of Odisha And Others on 16 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.14869 of 2023
Ranjit Kumar Patro .... Petitioner
Mr. K. Rath, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. S. Das, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 16.05.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the petitioner as well as learned
counsel for the State. Perused the writ petition as well as documents
annexed thereto.
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 be pleased to admit
this writ petition, call for the records, issue rule Nisi
calling upon the Opp. Parties as to why the pay
protection shall not be allowed in favour of the
petitioner as on date of joining of new place of posting
dtd. 7.10.1995 and as to why he shall not be allowed to
draw Rs.5450 as on the dtd. 30.10.1995 which he was
earlier drawing in the office of the DRDA, Kalahandi,
Bhawanipatna as per the provisions Odisha Service
Code and Finance Department Notification No.-48759
dtd. 4.12.1999 & in the light of the judgment D. Praksh
Versus State in OA No.-3(B)/2015 vide order dtd.
18.5.2017.
// 2 //
Failing to show cause issue the writ of mandamus
directing the Oppo. Parties to grant the pay protection
with retrospective effect from the date of relieve dtd.
29.9.1995 in the light of the judgment by learned OAT
dtd. 18.5.2017 in OA No.-3(B)/2015 (D. Prakash Vs
Secretary, Housing & Urban Development Department)
& in the light of the judgment passed by this Hon'ble
Court in the case of Dilli Ranjan Kuntia Vs State of
Odisha vide order dtd. 22.3.2023 in W.P.(C)
No.17899/2016 & to pay the arrear salary and revised
pension with interest.
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 12.07.2022
under Annexure-6 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 Opposite Party, on the other hand,
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 deems it proper to dispose 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 12.07.2022 under Annexure-6 taking into account
// 3 //
Annexure-5 in 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. 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
Signature Not Verified
Digitally Signed
Signed by: JAGABANDHU BEHERA
Designation: Secretary-in-Charge
Reason: Authentication
Location: OHC, CUTTACK
Date: 18-May-2023 11:03:21
