Orissa High Court
Shibaram Das vs State Of Odisha And Others ..... ... on 6 May, 2024
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.11040 of 2024
Shibaram Das ..... Petitioner
Represented By Adv. -
Mahendra Kumar Sahoo
-versus-
State Of Odisha and others ..... Opposite Parties
Represented By Adv. -
Mr. D. Nayak, AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
06.05.2024
Order No.
01. 1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner as well as learned
Additional Standing Counsel for the State-Opposite Parties.
3. The Petitioner has filed the present writ application with the
following prayer:
"Under the above facts and circumstances of the
case, it is humbly prayed that this Hon'ble High Court be
pleased to allow this writ application by granting
following reliefs:-
(A) A writ of mandamus be issued directing the Opp.
Parties to release differential revised scale of pay under
ORSP Rule 1998 w.e.f.1.1.96 instead of 1.10.2004 and
differential revised pay benefits under ORSP Rule 2008
w.e.f.1.1.2006 instead of 1.4.2010 and the last revised pay
benefits under ORSP Rule 2017 w.e.f.1.1.2016 following
the principles of law as laid down in the case of Biswajeet
Mohapatra and others reported in 2017 (II) ILR Cut-902
of this Hon'ble High Court, under Annexure-4 confirmed
by the Hon'ble Apex Court in SLP (Civil) Diary
No.19399/2018) at Annexure-5 read with Para-19 of the
Governing Council decision dtd.20.7.1994 at Annexure-2,
within a stipulated time.
(B) An appropriate writ / writs be issued directing the
Opp. Parties to release financial benefits under the RACP
Scheme by granting three stages of financial up-gradation
in terms of F.D Resolution dtd.6.2.2013 read with Para-
19 of the Governing Council taken on 20.7.1994.
(C) Order/order be passed directing to release
consequential differential amount of gratuity of 16 ½
month salary and unutilized leave salary for 300 days
(already calculated) with interest as due and admissible
under the rules.
(D) Or in alternative, any other appropriate writ /
writs/order/ orders or direction / directions may be issued
so as to give complete relief to the petitioner in the given
facts and circumstances of the case as this Hon'ble High
court deem fit and proper."
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 Additional Chief Secretary, Water
Resources Dept., Bhubaneswar, Khurda Opposite Party No.1 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.1 to consider the representation of the
Petitioner under Annexure-7 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.1, 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.1 to consider the representation of the
Petitioner under Annexure-7 within a period of eight weeks from the
date of production of certified copy of this order. The Opposite Party
No.1 shall do well to dispose of the representation of the Petitioner
under Annexure-7 by passing a speaking and reasoned order. The
decision so taken by the Opposite Party No.1 be also communicated to
the Petitioner within two weeks thereafter. While considering the
representation of the petitioner under Annexure-7 the Opposite Party
No.1 shall also take into consideration the judgment of this Court in
Biswajeet Mohapatra vs. State of Odisha and others decided in SLP(C)
Diary No.19399 of 2018 vide judgment dated 06.12.2019. Accordingly,
the petitioner is directed to approach the Opposite Party No.1 along
with a certified copy of today's order and the copy of common
judgment dated 17.08.2017 passed in Biswajeet Mohapatra's Case
(supra).
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
S.K. Rout
Location: High Court of Orissa, Cuttack
Date: 07-May-2024 20:04:46 Page 3 of 3.
