Orissa High Court
Ananda Prasad Acharaya vs State Of Orissa & Ors. ..... Opposite ... on 3 February, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.799 of 2025
Ananda Prasad Acharaya ..... Petitioner
Represented By Adv. -
Bijay Kumar Behera
-versus-
State Of Orissa & Ors. ..... Opposite Parties
Represented By Adv. -
U.C.Jena, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
03.02.2025
Order No.
02. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
Additional Standing 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:
"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
writ applicable and direct to the Opposite parties to fix the
grade pay of the petitioner amounting of Rs. 4600/- w.e.f.,
01.01.2014, as per clause-10 of the Govt. Resolution
dated-06.02.2013 under Anneuxre-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, (Dairy No (s). 20358/2017, although the
similarly situated persons have already avail the aforesaid
benefit, as deemed just and proper 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
Anneuxre-1 Series."
4. 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,
Berhampur (Territorial Division), Berhampur, Ganjam, 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.
5. 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.
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.6 to consider the representation of
the Petitioner under Annexure-6 in the light of the judgment of the
Hon'ble Supreme Court in the case of State of Odisha-vrs.-Biharilal
Barik decided by this Court in S.L.P. Diary No.20358 of 2017 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. The decision so taken by the Opposite
Party No.6 be also communicated to the Petitioner within two weeks
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
Anil
Location: High Court of Orissa
