Keshab Chandra Garnaik vs State Of Odisha & Others .... Opposite ...
2025 Latest Caselaw 2559 Ori

Orissa High Court

Keshab Chandra Garnaik vs State Of Odisha & Others .... Opposite ... on 13 January, 2025

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No. 935 of 2025

        Keshab Chandra Garnaik                     ....                   Petitioner
                                                              Mr. L. Mohanty, Advocate


                                            -versus-

        State of Odisha & Others                   ....          Opposite Parties
                                                               Mr. S.P. Das, ASC

                            COROM:
              JUSTICE BIRAJA PRASANNA SATAPATHY

                                            ORDER

Order No                                  13.01.2025
     01. 1.    This matter is taken up through Hybrid Mode.

2. Heard learned counsel for appearing for the Parties.

3. The present Writ Petition has been filed inter alia with the following prayer:-

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

(i) A direction shall not be issued to quash the order dated 25.07.2017 isued by Opp. Party No.3 under Annexure-12 taking into consideration the pay fixation order dated 03.11.2014 under Annexure-8 as well as the judgment of the Hon'ble High Court of Orissa rendered in between Bijaya Ketan Khatua Vrs.

State of Odisha and others reported in 120 (2015) CLT, P-98 as well as the judgment in the case of Biharilal Barik in W.P.(C) No.2831/2016 dated 26.06.2016 and why the consequential order dated 17.04.2019 issued by Opp. Party No.2 under Annexure-16 and order dated 16.07.2019 issued Opp. Party No.3 under Annexure-17 shall not be quashed.

(ii) And after hearing the parties be pleased to quash the order dated 25.07.2017 issued by Opp. Party No.3 under Annexure-12, // 2 //

consequential order dated 17.04.2019 issued Opp. Party No.3 under Annexure-17 and direct the Opp. Parties to grant grade pay of Rs.2800/- as 2nd RACP benefits in favour of the Petitioner w.e.f. 1.1.2016 and release all arrears; within a date to be fixe3d by this Hon'ble Court".

4. In course of hearing, learned counsel for the Petitioner states that highlighting his grievances, the Petitioner has made a representation to Opposite Party No.2 vide Annexure-19 and the same may be directed to be considered within a stipulated time, to which learned Counsel for the State has no objection.

5. As agreed by learned counsel for the parties and after going through the records, this Court, without expressing any opinion on the merits of the case, disposes of the Writ Petition directing Opposite Party No.2 to consider the representation filed by the petitioner vide Annexure-19 within a period of three (3) months from the date of production of certified copy of this order.

Accordingly, the Writ Petition stands disposed of.

(Biraja Prasanna Satapathy) Judge Subrat

Location: HIGH COURT OF ORISSA, CUTTACK