Kalpana Giri vs State Of Odisha And
2023 Latest Caselaw 12104 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.(C) No.31506 of 2023

        Kalpana Giri                          ....                       Petitioner
                                                        Mr. S.K. Mishra, Advocate


                                          -versus-
        State of Odisha and
        Others                                ....                  Opposite Parties
                                                             Mr. B.P. Tripathy, AGA
                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                            ORDER

06.10.2023 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel for the parties.

3. The Petitioner has filed the present Writ Petition with the following prayer: -

<It is therefore, most humbly prayed that this Hon'ble court may be graciously pleased to:-

(i) Admit the writ application.

(ii) Call for the records.

(iii) Direct to the Opp. Parties to release the differential arrear salary of the petitioners w.e.f. 01.01.2016 to 30.09.2017 under ORSP Rule-2017 came into force 01.01.2016 pursuant to the Finance Department Notification dt. 20.09.2017 under Annexure-2 as well as pay fixation made by the Opp. Parties under Annexure-3 to the writ application within a stipulated period.

// 2 //

(iv) Direct to the Opp. Parties to consider the case of the petitioner as per the decision of this Hon'ble Court in the case of Smt. Dipti Ray and others Vrs. State of Odisha and Others reported in 2004(II)OLR718 and the State the State Government (School & Mass Education Department challenged the judgment of this Hon'ble Court before the Hon'ble Supreme Court bearing Civil Appeal No.2685/2007 (State of Orissa and Others Vrs. Smt. Dipti Roy) and that is also dismissed by the Hon'ble Supreme Court of India, on dated 18.08.2010 under Annexure-4.=

4. Learned counsel for the Petitioner submits that through highlighting her grievances, the petitioner has filed a representation vide Annexure-5 to the Writ Petition, but till date nothing has been done in the matter. In such background, she prays that a direction be issued to opposite party No.2 to take a decision on the above noted petition within a specific time period.

5. Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs opposite party No.2 to take a decision on the above noted petition in accordance with law, within a period of three months from the date of production of certified copy of this order and communicate the result of such exercise to the petitioner.

6. The Writ Petition is disposed of accordingly.

(Biraja Prasanna Satapathy) Judge

Basudev Signature Not Verified

Signed by: BASUDEV SWAIN Reason: Authentication of order Location: High Court of Orissa, Cuttack Date: 12-Oct-2023 18:31:16