Orissa High Court
Iswar Chandra Behera vs State Of Odisha & Ors. ..... Opposite ... on 20 February, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.5294 of 2025
Iswar Chandra Behera ..... Petitioner
Represented By Adv. -
Prasanta Kumar
Mohanty (2)
-versus-
State Of Odisha & Ors. ..... Opposite Parties
Represented By Adv. -
U.C.Jena, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
20.02.2025
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. Perused
the writ application as well as the documents annexed thereto.
3. The Petitioner has filed the present writ application with the
following prayer:
"The Petitioner, therefore, prayed that this Hon'ble
Court would graciously be pleased to issue Rule Nisi in the
nature of mandamus directing the Opp.Parties to grant all
financial benefits by revising the pay scales in terms of
time to time revised pay rules (5th pay w.e.f. 01.01.1996, 6th
pay w.e.f. 01.01.2006 and 7th pay w.e.f. 01.01.2016) and to
grant the RACP benefits on completion of 10, 20 and 30
years of service by three stages of financial upgradation
due to stagnation in respect of the case of the Petitioner
and pay the same to him within a stipulated time.
And/or pass any other writ/writs, order/orders as this
Hon'ble Court deem fit and proper in the facts and
circumstances of the case."
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 Director, WALMI, Opposite
Party No.3 under Annexure-10. 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.3 to consider the
representation of the Petitioner under Annexure-10 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.3, 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.3 to consider the representation of
the Petitioner under Annexure-10 within a period of eight weeks
from the date of production of certified copy of this order. The
Opposite Party No.3 shall do well to dispose of the representation of
the Petitioner under Annexure-10 keeping in view the judgment of
this Court delivered on 17.08.2017 in the case of Biswajit Mohapatra
v. State of Orissa and others in W.P.(C) No.13328 of 2011 and
batch of cases and order dated 25.01.2023 in the case of Sangram
Keshari Swain v. State of Odisha and others passed in W.P.(C)
No.1015 of 2023 by passing a speaking and reasoned order. The final
decision so taken by the Opposite Party No.3 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
Date: 21-Feb-2025 14:49:29
