Sadhana Sahani vs ) State Of Odisha ..... Opposite Parties
2025 Latest Caselaw 7689 Ori

Orissa High Court

Sadhana Sahani vs ) State Of Odisha ..... Opposite Parties on 30 April, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 WP(C) No.11215 of 2025

          Sadhana Sahani                          .....                   Petitioner
                                                              Represented By Adv. -
                                                              Laxmikanta Mohanty


                                           -versus-

          1) State Of Odisha                          .....       Opposite Parties
          2) Director Of Family Welfre, Odisha                Represented By Adv. -
          3) Chief District Medical And Public                Mr.D.N.Lenka,AGA
          Health Officer, Balasore
          4) Superintendent Of Chc Remuna,
          Remuna



                              CORAM:
          THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

                                                      ORDER

Order No.                                         30.04.2025

    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. Perused the Writ Petition as well as the documents annexed thereto.

3. The Petitioner has filed this writ petition with the following prayer :

" It is, therefore, prayed that this Hon'ble Court may graciously be pleased to issue notice to the Opp.Parties falling upon them to file show cause

as to why:-

i) A direction shall not be issued to re-fix the pay of the Petitioner at Cell 210, Level-10 under ORSP Rule 2017 instead of Cell 20 Rule 7 by modifying the order of fixation of pay dated 20.06.2018 Annexure-6 taking note of first schedule of ORSP Rule 2008 and also taking into consideration grant of Grade Pay Rs.4600/- in favour of the Petitioner as 2nd RACP benefit vide order dated 09.09.2014 by the Opp.Party No.3 under annexure-4 and re-

fixation of her pay under MACP benefit by modifying the order dated 30.05.2019 under annexure-8.

ii) After hearing the parties be pleased to direct the Opp.Parties to fix the pay of the Petitioner at Cell 20 Level 10 at Rs.78,800/- as per first schedule of ORSP Rule 2017 by modifying the pay fixation order dated 20.06.2018 issued by the Opp.Party No.3 under Annexure-6 and further direct to re-fix the pay of the Petitioner under MACP benefit by modifying the order dated 30.05.2019 under Annexure-8, fixing the pay of the Petitioner Rs.83,600/- w.e.f. 15.05.2017 and release all arrears from 01.01.2016 to till date.

iii) The Opp.Parties be further directed to calculate and release all her arrears w.e.f. 01.01.2016 to till date,; within a date to be fixed by this Hon'ble Court.

And pass any other order/orders, direction/directions as this Hon'ble Court may deem fit and proper."

4. In course of hearing, learned counsel for the Petitioner

submits that the Petitioner may be granted liberty to file a fresh representation taking therein all the grounds along with all supporting documents as well as the judgment relied upon by the Petitioner in support of her contention before the Chief District Medical and Public Health Officer, Balasore, Opposite Party No.3, which may be considered within a stipulated period of time in accordance with law.

5. Learned Additional Government Advocate appearing for the State on the other hand contended that he has no objection, if liberty is granted to the Petitioner to file a fresh representation before the Opposite Party No.3 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 deems it proper to dispose of the Writ Petition granting liberty to the Petitioner to file a fresh representation taking therein all the grounds along with all supporting documents as well as the judgment relied upon by the Petitioner in support of her contention before the Chief District Medical and Public Health Officer, Balasore, Opposite Party No.3, within a period of two weeks. If such a representation is filed within the time stipulated, the same shall be considered and disposed of by the said Opposite Party No.3 in accordance with law taking into consideration the Resolution of the Finance Department dated 06.02.2013 under Annexure-2 and the Resolution of the Finance Department dated 13.02.2025 within a period of eight weeks from the date of filing representation by passing a speaking and reasoned order. Any decision taken on the representation of the

Petitioner be communicated to the Petitioner within 10 days from the date of taking such decision.

7. With the aforesaid observation the writ application stands disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra ) Judge

RKS

Designation: AR-CUM-Senior Secretary

Location: High Court of Orissa Date: 01-May-2025 17:37:07