Orissa High Court
Bibhuti Bhusan Rath vs ) State Of Odisha Represented ..... ... on 8 April, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.9652 of 2025
Bibhuti Bhusan Rath ..... Petitioner
Mr.Ramdas Achary,
Advocate
-versus-
1) State Of Odisha represented ..... Opposite Parties
through Addl. Chief Secretary,
Deptt. Of Home, BBSR
2) State of Odisha represented
through its Principal Secretary,
Department of Finance, Odisha
Bhubaneswar
3) I.G. of Police, Odisha,
Cuttack
4) Director, State Forensic
Science Laboratory, Odisha,
Rasulgarh, Bhubaneswar
Miss Babita Kumari
Sahu, AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
08.04.2025
Order No.
01. 1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner as well as learned
counsel for the State-Opposite Parties. Perused the writ application as
well as the documents annexed thereto.
3. The Petitioner has filed the present writ application with the
following prayer:
"It is, therefore, prayed that this Hon'ble
Court may graciously be pleased to:-
Issue appropriate orders/directions to the
Opp. Party No.4 to notionally grant the financial
benefit of 1st ACP and 2nd ACP up-gradation
under RACP Rules 2013 and to fix the pay of the
Petitioner in appropriate pay level of Odisha
Revised Scales of Pay Rules, 1998 and 2008 with
consequential arrear retiral benefits within a
stipulated time period in the interests of justice.
Pass such other or further orders as this
Hon'ble Court may deem fit and proper in the
facts and circumstances of the present case."
4. In course of hearing of the writ application, learned counsel for
the Petitioner submits that, the Petitioner ventilating his grievance has
submitted his representation before the Director, State Forensic
Science Laboratory, Odisha-Opposite Party No.4 under Annexure-5
series. 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.4 to consider the representation of the Petitioner
under Annexure-5 series within a stipulated period of time.
5. Learned counsel for the State submits that he has no objection if
the representation of the Petitioner is considered by the Opposite Party
No.4, 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.4, to consider the representation of
the Petitioner under Annexure-5 series within a period of eight weeks
from the date of production of certified copy of this order. The
Opposite Party No.4 shall do well to dispose of the representation of
the Petitioner under Annexure-5 by passing a speaking and reasoned
order. The decision so taken by the Opposite Party No.4 be also
communicated to the Petitioner within ten days thereafter.
7. Taking into consideration the judgment of this Court in case of
State of Odisha Vs. Biharilal Barik (W.P.(C) No.2831 of 2016
decided on 27.06.2016) as well as the notification of the Finance
Department, Government of Odisha dated 13.02.2025.
8. With the aforesaid observations/directions, the writ application
stands disposed of.
9. Issue urgent certified copy of this order as per Rules.
(Aditya Kumar Mohapatra)
Judge
Narayan
