Sudhakar Behera vs State Of Odisha & Ors. ..... Opposite ...
2025 Latest Caselaw 2272 Ori

Orissa High Court

Sudhakar Behera vs State Of Odisha & Ors. ..... Opposite ... on 9 January, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

     IN THE HIGH COURT OF ORISSA AT CUTTACK
                WP(C) No. 30451 of 2024
Sudhakar Behera             .....       Petitioner
                                                          Ms. P.P. Rao, Advocate
                                  -versus-
State of Odisha & Ors.               .....                 Opposite Parties
                                                           Mr. A. Tripathy, AGA


                    CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
                     ORDER

09.01.2025

1. This matter is taken up through hybrid mode.

2. Heard learned counsel for the Petitioner and learned counsel appearing for the Opp. Parties.

3. Petitioner has filed the present writ petition inter alia with the following prayer:-

"The petitioner therefore humble prays that the Hon'ble Court may be graciously pleased to admit this case, issue notice to opposite parties for show cause and after hearing both the sides may be pleased to issue a writ of Mandamus/certiorari by directing the opposite parties to take appropriate steps for fixation of pay under ORSP Rule-2017, with correction of monthly salary Rs. 55,000/- instead of Rs. 50.000/- as on 01.01.2022 and Rs. 56,900/- instead of Rs. 52,000/- as on 01.01.2023, as per fixation of pay in Office Order No. 343 dated 18.01.2024 of D.E.O., Bhadrak of similarly situated Hindi Teacher of Bhdrak Education Circle on the basis of judgment reported in 123(2017)CLT.-845, (Arun Kumar Satapathy

-v- State & others), with modification of Annexure-4 with cost.

AND

Further be pleased to direct the O.P.No.-2 to finalize the representation of the petitioner vide Annexure-6 within a stipulated period.

AND Further be pleased to pass such other order(s) direction which this Hon'ble Court thinks fit and proper to this case.

AND For which act of kindness, the petitioner as in duty bound shall ever pray. Cuttack."

4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a fresh representation before Opp. Party No. 3 by enclosing all the relevant documents and citations in support of his claim, if any, within a period of three (3) weeks hence.

5. It is observed that if such representation is filed within the aforesaid time period, Opp. Party No. 3 shall do well to take a lawful decision on the same within a period of three (3) months from the date of receipt of such representation. The order so passed by Opp. Party No. 3 be communicated to the Petitioner.

6. With the aforesaid observation and direction, the Writ Petition is disposed of.

(BIRAJA PRASANNA SATAPATHY) Judge Sneha

Location: High Court of Orissa, Cuttack