Orissa High Court
Atulya Kumar Nayak vs ) State Of Odisha ..... Opposite Parties on 17 July, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.19358 of 2025
Atulya Kumar Nayak ..... Petitioner
Represented By Adv. -
Braja Kishor Panda
-versus-
1) State Of Odisha ..... Opposite Parties
2) Principal Secy, Finance Dept., Bbsr Represented By Adv. -
3) Principal Chief Conservator Of Mr.D.N.Lenka, AGA
Forest, Bbsr
4) Regional Chief Conservator Of
Forest, Rourkela
5) Divisional Forest Officer,
Sundargarh
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
17.07.2025
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 Government Advocate. Perused the Writ
Petition as well as the documents annexed thereto.
3. The Petitioner has filed the present writ application with
the following prayer:
"It is therefore prayed that this Hon'ble Court may
graciously be pleased to consider the facts stated in
the writ petition, admit the same, issue Rule NISI
calling upon the Opp.Parties to show cause and may
kindly issue writ in the nature of mandamus or any
other writ applicable and direct the Opp.Parties to fix
the grade pay of the Petitioner of Rs.5400/- as per
Clause-10 of Govt. Resolution dated 06.02.2013
under Annexure-2 from the date of completion of 30
years of service, and as per the decision passed in
State of Odisha vrs. Biharilal Barik decided by this
Hon'ble Court, in W.P.(C) No.2831/2016, disposed of
on 27.06.2016 (Diary No.(s) 20358/2017, 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 annexure-2.
If the Opp.Parties fail to show cause or show
insufficient cause then the rule may kindly be made
absolute.
4. In course of hearing of the Writ Petition, learned counsel
for the Petitioner submits that the Petitioner ventilating his
grievance has submitted representation dated 05.02.2025
under Annexure-4 before the Principal Chief Conservator of
Forest, Odisha, Opposite Party No.3 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.3 to consider the representation of the
Petitioner under Annexure-4 within a stipulated period of time.
5. Learned Additional Government Advocate for the State
submits that he has no objection if the representation of the
Petitioner is considered by the Opposite Party No.3, 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 Petition is disposed of at the stage of
admission with a direction to the Opposite Party No.3 to
consider the representation of the Petitioner under Annexure-4
within a period of eight weeks from the date of communication
of certified copy of this order. The Opposite Party No.3 shall
do well to dispose of the representation of the Petitioner under
Annexure-4 keeping in view the judgment of this Court in the
case of State of Odisha vs. Biharilal Barik decided by this
Court in W.P.(C) No.2831/2016, disposed of on 27.06.2016
and Notification of the Finance Department dated 13.02.2025
by passing a speaking and reasoned order. The final decision
so taken 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
Designation: AR-CUM-Senior Secretary
Location: High Court of Orissa
Date: 18-Jul-2025 18:09:35
