Orissa High Court
Akshaya Kumar Muduli vs ) State Of Odisha ..... Opposite Parties on 24 January, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.32599 of 2024
Akshaya Kumar Muduli ..... Petitioner
Represented By Adv. -
Bijay Kumar Behera
-versus-
1) State Of Odisha ..... Opposite Parties
2) Principal Chief Conservator Of Represented By Adv. -
Forest, Bbsr Mr.U.C.Jena, ASC
3) Addl. Secy, Govt. Of Odisha,
Forest Environment And Climate
Change
4) Principal Secy Govt. Of Odisha,
Finance Dept., Bbsr
5) Regional Chief Conservator Of
Forests, Bbsr
6) Divisional Forest Officer, Khurda
Div.
7) Accountant General(a And E) ,
Bbsr
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
Order No. 24.01.2025
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. 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 completion 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 availed the said
benefit 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 Division, 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 on 23.08.2017
and dispose of the same by passing a speaking and reasoned
order within a period of eight weeks from the date of
production of certified copy of this 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
RKS
Location: High Court of Orissa
