Orissa High Court
Gadadhar Rath vs ) State Of Odisha ..... Opposite Parties on 21 May, 2024
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.11463 of 2024
Gadadhar Rath ..... Petitioner
Represented By Adv. -
Bijay Kumar Behera
-versus-
1) State Of Odisha ..... Opposite Parties
2) Principal Chief Conservator Of Represented By Adv. -
Forest Orissa
3) Additional Secretary Govt. Of
Odisha, Forest Environment And
Climate Change Dept.
4) Principal Secretary Govt. Of
Odisha, Finance Dept.
5) The Regional Chief Conservator Of
Forest, Koraput Circle
6) Divisional Forest Officer,
Nabarangpur Forest Division
7) Account General (a And E) ,
Odisha
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
Order No. 21.05.2024
01. I.A.NO.6905 OF 2024
1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. This application has been filed for modification of order dated
13.05.2024.
3. Considering the submissions, the order dated 13.05.2024 is
recalled and the following orders is passed.
W.P.(C) NO.11463 OF 2024
1. Heard learned counsel for the Petitioner as well as learned
Additional Standing Counsel for the State.
2. 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
wit application 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
competition of 30 years of service and the decision
passed in State of Odisha versus Biharilal Barik decided
by this Hon'ble Court in W.P.C No.2831/2016 disposed
of on 27.06.2016 (Diary No.(s) 20358/2017, 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)/dire3ctin(s) as may be
deemed fit proper in the bona fide interest of justice."
3. 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,
Nabarangpur (Territorial Division), Nabarangpur, Opposite Party
No.6 under Annexure-6. 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-6 within a stipulated
period of time.
4. Learned Additional Standing Counsel 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.
5. 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-6, 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 Annexure-6 by passing a speaking and reasoned
order taking into consideration the decision in the judgment of State
of Odisha v. Biharilal Barik decided on 27.06.2016 in W.P.(C)
No.2831 of 2016. The decision so taken on the representation of the
Petitioner be communicated to the Petitioner within two weeks from
the date of taking such decision.
6. With the aforesaid observation, the writ application stands
disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
RKS
Location: High Court of Orissa
