Prakash Chandra Mishra vs State Of Odisha And Others
2023 Latest Caselaw 14772 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C) No.36868 of 2023
                 Prakash Chandra Mishra                  ....             Petitioner
                                                              Mr.M.Pati, Advocate
                                              -versus-
                 State of Odisha and Others              ....     Opposite Parties
                                                         Mr.Nikhil Pratap, A.S.C.
                                         CORAM:

                           JUSTICE A.K. MOHAPATRA
                                           ORDER

Order No.                                 16.11.2023
    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel for the Petitioner as well as the learned Additional Standing Counsel.

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

" The petitioner therefore prays that your lordships may graciously be pleased to direct the Opp. Parties to restore the grade pay to Rs.6600/- instead of Rs.5400/- at the stage of 3rd financial up gradation w.e.f. 04.01.2013 to till date in favour of the petitioner, as has been sanctioned in favour of the similar employee under Annexure-3 with all consequential benefits within a stipulated time by considering representation under Annexure-6 taking into Annexure-5 and release all pension & pensionary benefits with interest."

4. In course of hearing of the writ application, learned counsel for the Petitioner submits that the Petitioner ventilating his grievance has submitted representation before the Engineer-in-Chief, Odisha, Opposite Party No.4 on 30.01.2023 under Annexure-6. 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 // 2 //

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-6 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-6 in accordance with law taking into consideration the judgment passed by this Court in Susil Ku. Mohapatra-v.-State of Odisha in W.P.(C) No.16209 of 2020 disposed of on 01.03.2023 and keeping in view the fact stated in representation under Annexure-6 to the Writ Petition 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-6 by passing a speaking and reasoned order.

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

Rubi ( A.K. Mohapatra ) Judge

Signature Not Verified Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa Date: 20-Nov-2023 10:50:18