Orissa High Court
Subash Chandra Sahoo vs ) State Of Odisha ..... Opposite Parties on 6 May, 2024
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.11154 of 2024
Subash Chandra Sahoo ..... Petitioner
Represented By Adv. -
Siddhartha Samal
-versus-
1) State Of Odisha ..... Opposite Parties
2) Engr In Chief, Water Resources Represented By Adv. -
3) Secy To Govt. Of Odisha, Finance D.Nayak, A.G.A.
Dept.
4) Office Of The Principal
Accountant General(a And E)
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
Order No. 06.05.2024
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 for the State-Opposite Parties.
Perused the writ petition as well as documents annexed thereto.
3. The present writ petition has been filed by the petitioner with
the following prayers:
"In the facts and under the circumstance of the case
this Hon'ble court may be graciously pleased;
1. To allow this petition.
2. To quash the 3rd paragraph of order No. JES-OA-
implementation-01/2020-6522 dated 25.02.2020 under
Annexure-2 series.
3. To direct the Opp. Parties to grant the benefit of 3rd
Financial Up-gradation under RACPS @Rs.6,600/- w.e.f.
04.01.2013 in favour of the Petitioner with arrear.
4. To pass any other order(s), direction(s) as deem fit and
just by this Hon'ble court."
4. In course of hearing, learned counsel for the Petitioner submits
that the Petitioner may be granted liberty to file a fresh representation
ventilating his grievance before the Engineer-in-Chief, Water
Resources, Odisha, Bhubaneswar, Khordha, Opposite Party No.2
which may be considered within a stipulated period of time in
accordance with law.
5. Learned Additional Government Advocate on the other hand
submits that he has no objection if liberty is granted to the Petitioner
to file a fresh representation before the Opposite Party No.2 and the
same is considered and disposed of in accordance with law.
6. In view of the aforesaid limited nature of grievance of the
petitioner, this Court disposes of the writ petition granting liberty to
the Petitioner to file a fresh representation before the Engineer-in-
Chief, Water Resources, Odisha, Bhubaneswar, Khordha, Opposite
Party No.2 ventilating his grievance within a period of three weeks.
If such a representation is filed within the time stipulated, the same
shall be considered and disposed of by the Opposite Party No.2
within a period of two months from the date of filing representation
by passing a speaking and reasoned order. It is further directed that
while considering the representation of the petitioner the Opposite
Party No.2 shall take into consideration the judgments to be relied
upon by the petitioner in support of his contention. Further, the
representation of the petitioner shall be considered and dispose of by
passing a speaking and reasoned order within a period of two months
from the date of communication of a certified copy of this order
along with a fresh representation by the petitioner. The final decision
so taken be communicated to the petitioner within two weeks
thereafter.
7. With the aforesaid observation/direction, the writ petition is
disposed of.
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra)
Judge
Rubi
Location: High Court of Orissa, Cuttack
