Orissa High Court
Anathabandhu Muduli vs State Of Odisha & Ors. ..... Opposite ... on 28 January, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.1828 of 2025
Anathabandhu Muduli ..... Petitioner
Represented By Adv. -
Ranjit Mohanty
-versus-
State Of Odisha & ors. ..... Opposite Parties
Represented By Adv. -
A.Pati, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
28.01.2025
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:
"It is, therefore, most humbly prayed that this Hon'ble
Court may graciously be pleased to issue appropriate writ
/ writ(s), direction / direction(s), order / order(s) directing
the Opp. Parties, in particular the Opp. Party No. 4 and 5,
to allow the Petitioner the 1st RACP benefit of Rs. 4,200/-
in terms of Finance Dept. Resolution dt. 06.02.2013 and
the order dt. 12.03.2015 passed by the learned Tribunal in
O.A No. 520 of 2014 and batch, confirmed by this Hon'ble
Court and the Hon'ble Supreme Court, duly implemented
by the Govt. as per letter dt. 26.09.2017, due to him w.e.f
23.10.2013 on completion of 10 years of service, the 2nd
MACP benefit i.e the grade pay of Rs 4,600/- in terms of
Rule 13 of the ORSP Rules, 2017, due to him w.e.f
23.10.2023, fixing the pay of the petitioner in the
appropriate level in the scale of pay of Rs. 9,300/- -
Rs.34,800/- + GP Rs. 4,200/- under PB-2 in terms of
ORSP Rules 2017 by way of revision / re-fixation of the
order of fixation of pay dt. 13.12.2017 and modification of
district office order dt. 13.11.2023, annexure-5(Series),
and consequent upon grant of such RACP and MACP
benefits and re-fixation / revision of pay, draw and
disburse all such financial benefits including the arrear
differential financial benefits, as due and admissible,
within a time stipulated period as this Hon'ble Court
pleases to fix."
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 Collector & D.M., Puri, Odisha,
Opposite Party No.4 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.4 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.4, 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.4 to consider the representation of
the Petitioner under Annexure-6 keeping in view Annexure-3 as well
as 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.4 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.4 be also
communicated to the Petitioner within two weeks thereafter.
7. With the aforesaid observations/ directions, 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
