Orissa High Court
Srikanta Kumar Chhotaray vs State Of Odisha & Ors. ..... Opposite ... on 11 February, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.3770 of 2025
Srikanta Kumar Chhotaray ..... Petitioner
Represented By Adv. -
Bijay Kumar Behera
-versus-
State Of Odisha & Ors. ..... Opposite Parties
Represented By Adv. -
Siva Mohanty, A.S.C.
S.K.Patra, Standing
Counsel for A.G.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
11.02.2025
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 Standing Counsel for the State-Opposite Parties and
learned Standing Counsel for the A.G., Odisha. 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/-, 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 off on 27.06.2016, (Dairy
No (s). 20358/2017, although the similarly situated
persons have already avail the said 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.
And pass such other order (s)/ direction (s) as may be
deemed fit proper in the bonafide interest of justice."
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, Khurda
(Territorial Division), Khurda, 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 keeping in view 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 on
23.08.2017 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
Signature Not
Verified
Digitally Signed
Signed by: ANIL KUMAR Page 3 of 3.
SAHOO
Reason: Authentication
Location: High Court of
Orissa, Cuttack, India
Date: 12-Feb-2025 12:07:39
