Tankadhar Nayak vs State Of Odisha & Others
2023 Latest Caselaw 13781 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C) No.35974 of 2023

                 Tankadhar Nayak                        ....               Petitioner
                                                             Mr. K.C. Sahu, Advocate
                                            -versus-
                 State of Odisha & others               ....        Opposite Parties
                                                               Mr. I. Mohanty, A.S.C.



                                         CORAM:
                           JUSTICE A.K. MOHAPATRA
                                           ORDER

Order No.                                 07.11.2023
    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 for the State-Opposite Parties.

3. The Petitioner has filed the present writ application with the following prayer:

"It is, therefore, prayed that the Hon'ble Court be pleased to direct the Opp. Party no-4 to allow the 3rd RACP benefit in favour of the petitioner on completion of 30 years of service as on 01.01.2013 in the scale of pay Rs.9,300/- to Rs.34,800/- with G.P. Rs.4600/- in accordance with Annexure- 2 & 3 so also in the light of similar such benefit has been extended in case of similar Forester/ Forest Guard as per Annexure-8 order of learned Tribunal & implemented vide Annexure-9 so also keeping in view of the judgment passed in "Biharilal Barik's" case & thereafter the pay and pension of the petitioner be fixed by granting all the consequential benefits including pensionary benefits as due & admissible in his favour within a time bound period for the interest of justice.

And may pass any other Writ(s)/ Direction(s)/ Order(s) as this Hon'ble Court may be deemed fit and proper;"

4. In course of hearing of the writ application, learned counsel for // 2 //

the Petitioner submits that the Petitioner ventilating his grievance has submitted representation before the Divisional Forest Officer (T) Division, Deogarh, Opposite Party No.4 under Annexure-7. 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.4 to consider the representation of the Petitioner under Annexure-7 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.4, 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.4 to consider the representation of the Petitioner under Annexure-7 taking into account Annexures-8 & 9 within a period of eight weeks from the date of production of certified copy of this order. The Opposite Party No.4 shall do well to dispose of the representation of the Petitioner under Annexure-7 by passing a speaking and reasoned order. The decision so taken by the Opposite Party No.4 be also communicated to the Petitioner within two weeks thereafter.

7. With the aforesaid observation, the writ application stands disposed of.

8. Issue urgent certified copy of this order as per Rules.

Signature Not Verified
Digitally Signed                                                   ( A.K. Mohapatra )
Signed by: RUBI BEHERA                                                    Judge
Reason: Authentication
Location:Rubi
           High Court of Orissa
Date: 09-Nov-2023 12:33:18