Orissa High Court
Nirmala Kujur 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.10318 of 2025
Nirmala Kujur ..... Petitioner
Represented By Adv. -
Braja Kishor Panda
-versus-
1) State Of Odisha ..... Opposite Parties
2) Principal Secy., Finance Represented By Adv. -
3) Principal Chief Conservator Of Mr.U.C.Behura,AGA
Forest, Bbsr,
4) Regional Chief Conservator Of
Forest, Rourkela Circle
5) Divisional Forest Officer,
Sundargarh
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:
"It is therefore prayed that this Hon'ble Court may
graciously be pleased to consider the facts stated in
the Writ Petition, admit the same, issue Rule NISI
calling upon the Opp.Parties to show cause and may
kindly issue writ in the nature of mandamus or any
othr writ applicable and direct the Opposite Parties to
fix the grade pay of the Petitioner of Rs.4600/- as per
Clause-10 of the Govt. Resolution dated 06.02.2013
under Annexure-2 from the date of completion of 30
years of service, and as per the decision passed in
State of Odisha vs. Biharilal Barik decided by this
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 Opposite Parties to pay
the service and arrear benefits as pre the fixation of
grade pay in pursuant to the resolution dated
06.02.2013 under Annexure2.
If the Opposite Parties fail to show cause or
show insufficient cause then the rule may kindly be
made absolute.
And/or pass any other order/orders,
direction/directions, writ/writs as this Hon'ble Court
may deem just 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 Divisional
Forest Officer, Sundargarh Division, Opposite Party No.5
under Annexure-5. 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.5
to consider the representation of the Petitioner under
Annexure-5 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.5, 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.5 to
consider the representation of the Petitioner under Annexure-5
taking into consideration the judgment of the Hon'ble Supreme
Court in the case of State of Odisha vs. Biharilal Barik
decided by this Court in W.P.(C) No.2831/2016, disposed
of on 27.06.2016 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.5 shall do well to dispose of the representation of the
Petitioner under Annexure-5 by passing a speaking and
reasoned order. The final decision so taken by the Opposite
Party No.5 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 16:31:21
