Rajata Manjari Joshi vs Commissioner-Cum
2024 Latest Caselaw 10326 Ori

Orissa High Court

Rajata Manjari Joshi vs Commissioner-Cum on 21 June, 2024

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                        W.P.(C) No.14525 of 2024

        Rajata Manjari Joshi               ....                      Petitioner
                                                        Ms. S. Pani, Advocate

                                        -versus-
        Commissioner-cum-
        Secretary, Higher
        Education Department,
        BBSR and Others
                                           ....               Opposite Parties
                                                               State Counsel

                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY
                                          ORDER

21.06.2024 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, prayed that this Hon'ble Court may be graciously pleased to issue writ/writs, order/orders and direction/ directions under Article-226 of the Constitution of India and more particularly to issue:-

1. Writ of mandamus directing the Opp.

Parties to extend the Grade Pay of Rs.5400/- as second upgradation and Rs.6600/- as third upgradation after completion of 20/30 years of service as extended to similarly placed Demonstrators w.e.f. 01.01.2013 as per Annexure-2 & 3 in view the Articles-14 and 16 of the Constitution of India.

// 2 //

2. Direction directing the Opposite Parties to calculate the arrear dues of petitioner and pay the accrued financial benefits to petitioner forthwith with effect from 01.01.2013 and revise the pension of the petitioner accordingly.

3. Direction directing the opposite parties to dispose of representation under annexure-4 in the light of Judgment/Order under Annexure-2 & 3."

4. Learned counsel for the Petitioner submits that through highlighting her grievances, the petitioner has filed a representation vide Annexure-4 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.1 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.1 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

Location: High Court of Orissa, Cuttack