Sri Ramesh Chandra Behera vs State Of Odisha And Others
2023 Latest Caselaw 6288 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  W.P.(C) No.15530 of 2023


                 Sri Ramesh Chandra Behera              ....            Petitioner
                                                   Mr. Karunakar Rath, Advocate

                                              -versus-

                 State of Odisha and others               ....            Opp. Parties
                                                                Mr. Tarun Pattnaik, A.S.C.




                              CORAM:
                             JUSTICE A.K. MOHAPATRA
                                         ORDER

Order No.                               17.05.2023
    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-Opposite Parties.

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

"It is, therefore, humbly prayed that this Hon'ble Court may be graciously be pleased to 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 2nd RACP @ 5400/- GP with 3% increment with effect from 01.01.2013 and 3rd RACP @ 6600/- GP with 3% increment w.e.f.

13/11/2022 as per finance department resolution dtd. 1.1.2023 involving Rule 13(1) of ORSP Rule, 2008 in the light of judgment of State of Odisha versus Biharilal Barik in WP(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 grade pay of rupees 5400/- with 3% increment as 2nd RACP w.e.f. 01.01.2013 and Rs.6600/-/- GP with 3% increment as 3rd RACP w.e.f.

// 2 //

13.11.2022 in the light of judgment of State of Odisha v. Biharilal Barik in WP(C) No.2831/2016 and the differential arrear grade pay may be granted w.e.f. 01.01.2013.

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 under Annexure-3 before the Opposite Party No.1, but 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 authority concerned to consider the representation of the Petitioner in accordance with law within a stipulated period of time.

6. Considering the submissions made by the respective parties and without expressing any opinion on the merits of the case, this Court disposes of the writ petition at the stage of admission with a direction to the Opposite Party No.1 to consider the representation of the Petitioner under Annexure-3 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. Any decision so taken on the said representation shall be communicated to the Petitioner within a period of two weeks thereafter.

( A.K. Mohapatra) Judge Debasis

Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Designation: PA Reason: Authentication Location: OHC CUTTACK Date: 21-May-2023 18:04:28