Orissa High Court
Radhakanta Rana vs ) State Of Odisha ..... Opposite Parties on 16 April, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.10263 of 2025
Radhakanta Rana ..... Petitioner
Represented By Adv. -
Ajaya Kumar Jena
-versus-
1) State Of Odisha ..... Opposite Parties
2) Commisnr. Cum Secy.,panchayati Raj Represented By Adv.
And Drinking Water,bbsr -Mr.U.C.Behura,AGA
3) Director,panchayati Raj And Drinking
Water,bbsr
4) Collector,kalahandi
5) Block Development
Officer,tentulikhunti
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
16.04.2025
Order No.
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 the
documents annexed thereto.
3. The Petitioner has filed the present writ application with
the following prayer:
"In view of the above facts and circumstances of
the case, it is prayed that Hon'ble Court may
graciously be pleased to admit the Writ Petition, issue
notice to the Opposite Parties and after hearing the
parties be pleased to direct the Opposite Parties
more particularly the Opposite Party Nos. 2 and 4 to
pay the Grade Pay of Rs.5,400/- towards 3rd RACP
after completion of 30 years of service w.e.f.
01.01.2023 and also direct the Opposite Parties to
pay all consequential financial benefits.
And/or to pass such other order/order(s) as this
Hon'ble Court deems just, fit and proper in the facts
and circumstances of the case, that to deem fit and
proper."
4. In course of hearing of the Writ Petition, learned counsel
for the Petitioner submits that the Petitioner ventilating his
grievance has submitted representation before the
Commissioner-cum-Secretary, Panchayati Raj & Drinking
water Department, Opposite Party No.2 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.2 to consider the
representation of the Petitioner under Annexure-6 within a
stipulated period of time.
5. Learned Additional Government Advocate submits that
he has no objection if the representation of the Petitioner is
considered by the Opposite Party No.2, 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 Petition is disposed of at the stage of
admission with a direction to the Opposite Party No.2 to
consider the representation of the Petitioner under Annexure-6
taking into consideration the judgment of the Hon'ble Supreme
Court in the case of State of Odisha vrs. Biharilal Barik in
SLP Diary No.20358 of 2017 decided on 23.08.2017 and the
Resolution of the Finance Department of Government of
Odisha dated 13th February, 2025 within a period of eight
weeks from the date of communication of certified copy of this
order. The Opposite Party No.2 shall do well to dispose of the
representation of the Petitioner under Annexure-6 by passing
a speaking and reasoned order. The final decision so taken by
the Opposite Party No.2 be also communicated to the
Petitioner within a week thereafter.
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
RKS
Designation: AR-CUM-Senior Secretary
Location: High Court of Orissa
Date: 16-Apr-2025 16:31:20
