Khirod Chandra Barik vs State Of Odisha & Others .... Opp. ...
2024 Latest Caselaw 10011 Ori

Orissa High Court

Khirod Chandra Barik vs State Of Odisha & Others .... Opp. ... on 4 June, 2024

Bench: M.S. Sahoo, Murahari Sri Raman

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                             W.P.(C) No.13716 of 2024

            Khirod Chandra Barik                   ....            Petitioner

                                            Mr. S.S. Mohapatra, Advocate

                                       -versus-

            State of Odisha & others               ....         Opp. Parties

                                                  Mr. A.K. Nanda, AGA
                                           (for Opposite Party Nos.1 to 4)

                                   CORAM:
                                   JUSTICE M.S. SAHOO
                                   JUSTICE MURAHARI SRI RAMAN


                                        ORDER

04.06.2024 (Hybrid Mode) Order No.

1. 1. Learned counsel for the petitioner submits that the petitioner is aggrieved by the Order of Recovery dated 13.03.2024 (Annexure-4) issued by the Opposite Party No.4, observing that the petitioner is not entitled to one increment. It is contended by the learned counsel for the petitioner that the petitioner is otherwise entitled and eligible to get such increment in view of the Judgment dated 30.08.2022 passed in WPC No.13237 of 2017 by this Court (Sri Laxmidhar Mishra Vs. State of Odisha & Others).

2. Issue notice.

3. Learned Additional Government Advocate appears on behalf of opposite party nos.1 and 4 waives of notice. Let one extra copy of the petition be served on the learned Additional Government Advocate within three working days.

Issue notice to Opposite Party No.5 by registered/speed post with A.D. Requisites for issuance of notice be filed within five working days.

4. The learned Addl. Government Advocate shall obtain instruction and file response of the Opposite Party Nos.1 to 4 particularly, with regard to the submission that the issue has already been settled in the Judgment of this Court as referred above.

1. Heard.

2. Issue notice as above. Accept one set of process fee.

3. Any action taken in the meantime regarding the increment granted/to be granted to the petitioner shall be subject to result of the writ petition.

4. List this matter before the assigned Bench in the week commencing 24.06.2024.

(M.S. Sahoo) Vacation Judge

(M.S. Raman) Vacation Judge

Rati Ranjan

Designation: Senior Stenographer

Location: High Court of Orissa, Cuttack, India Date: 05-Jun-2024 20:38:04