Prasanna Kumar Padhy vs State Of Odisha And Others
2023 Latest Caselaw 12399 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C) No.32886 of 2023

                 Prasanna Kumar Padhy                    ....             Petitioner
                                                          Mr. B.K. Behera, Advocate

                                              -versus-

                 State of Odisha and others              ....     Opposite Parties
                                                                   Mr.S.Das,A.G.A.



                                        CORAM:

                            JUSTICE A.K. MOHAPATRA

                                           ORDER

Order No.                                 11.10.2023
    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 Government Advocate.

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

"Under the aforesaid facts and circumstances of the case it is therefore, prayed that this Hon'ble Court may kindly issue writ in the nature of mandamus or any other writ applicable and direct to the Opposite Parties to fix the grade pay of the petitioner amounting of Rs.4600/- as per clause-10 of the Govt. Resolution dated-06.02.2013 under Annexure-1 series from the date of completion of 30 years of service, and taking into account the decision passed in State of Odisha Versus Biharilal Barik decided by this Hon'ble Court, in W.P.C No-2831/2016, disposed off on 27.06.2016, (Diary No (s). 20358/2017), as deemed just and // 2 //

proper as deemed just and proper.

And further direct to the Opp.Parties to pay the service and arrear benefits as per the fixation of grade pay in pursuant to the resolution dated 06.02.2013 under Annexure-1 Series.

And pass such other order(s)/direction(s) as may be deemed fit proper in the bonafide interest of justice."

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 Divisional Forest Officer, Ghumsur South Division, Bhanjanagar, Opposite Party No.6 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.6 to consider the representation of the Petitioner under Annexure-7 within a stipulated period of time.

5. Learned Additional Government Advocate submits that he has no objection if the representation of the Petitioner is considered by the Opposite Party No.6, 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.6 to consider the representation of the Petitioner under Annexure-7 in the light of the judgment of the Hon'ble Supreme Court in the case of State of Odisha-vrs.-Biharilal Barik decided by this Court in S.L.P. Diary No.20358 of 2017 on 23.08.2017 within a period of eight weeks from the date of production of certified copy of this order. The Opposite Party No.6 shall do well to dispose of the representation of the Petitioner under // 3 //

Annexure-7 by passing a speaking and reasoned order. The decision so taken by the Opposite Party No.6 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.

( A.K. Mohapatra ) Judge Anil

Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 16-Oct-2023 12:11:13