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Hemsagar Patel vs State Of Odisha & Others .... Opposite ...
2025 Latest Caselaw 1093 Ori

Citation : 2025 Latest Caselaw 1093 Ori
Judgement Date : 10 July, 2025

Orissa High Court

Hemsagar Patel vs State Of Odisha & Others .... Opposite ... on 10 July, 2025

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                              W.P.(C) No.18602 of 2025

           Hemsagar Patel                        ....                  Petitioner
                                                          Mr. L. Mohanty, Adv.

                                          -versus-

           State of Odisha & Others              ....         Opposite Parties
                                                        Mr. C.K. Pradhan, AGA

                               COROM:
                   JUSTICE BIRAJA PRASANNA SATAPATHY

                                         ORDER

10.07.2025 Order No

01. 1. This matter is taken up through Hybrid Mode.

2. Heard learned counsel for Petitioner and learned counsel for the State-Opposite 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 be graciously 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 release/grant one annual increment in favour of the petitioner for the year 2011-12 by counting the period of service from 01.10.2011 to 30.09.2012 as one year as per the Judgment passed by this Hon'ble Court in between Arun Kumar Biswal Vrs State of Odisha and others reported in 2021 (ii) ILR, CUT 556 as well as the Judgment of Hon'ble Apex Court of India rendered in between Director (Admn. and HR) KPTCL and others Vrs C.P.Mundinamani and others in Civil appeal No. 2471 of 2023 dated 11.4.2023 and refixation of his pay by adding one increment and accordingly revise his pension and pensionary benefits w.e.f. 01.10.2012;

// 2 //

ii) And after hearing the parties be pleased to direct the opp. Parties especially opp. Party No. 4 and 5 to sanction and release one increment in favour of the petitioner for the year 2011-2012 and accordingly refix his pay as well as final pension and pensionary benefits w.e.f. 01.10.2012;

iii) The opp. Party No.1 be directed to submit revise pension papers to opp.party No. 5 after refixation of his pay by granting one increment and the arrears be calculated w.e.f. 01.10.2012 and release the same in favour of the petitioner; within a date to be fixed by this Hon'ble Court,

iv) And pass any other order/orders, direction/directions as deemed fit and proper,

And for which act of kindness, the petitioner shall as in duty bound, ever pray.

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.4 vide Annexure-5 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.4 to consider the representation filed by the petitioner vide Annexure-5 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.

Signed by: JYOTIPRAVA BHOL (Biraja Prasanna Satapathy)

Location: HIGH COURT OF ORISSA Judge Jyoti 18:03:15 Date: 10-Jul-2025

 
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