Orissa High Court
Deepak Kumar Behera vs ) State Of Odisha ..... Opposite Parties on 3 May, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.12008 of 2025
Deepak Kumar Behera ..... Petitioner
Represented By Adv. -
Karunakar Rath
-versus-
1) State Of Odisha ..... Opposite Parties
2) Principal Secy.,finance,khurda Represented By Adv.
3) Principal Secy.,housing Andurban - Mr.J.K.Bal, AGA
Development,bbsr
4) Chief Engineer And Basin
Manager,indravati And Kolab
Basin,koraput
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
03.05.2025
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 for the State-
Opposite Parties. Perused the Writ Petition as well as the
documents annexed thereto.
3. The Petitioner has filed the present Writ Petition with the
following prayer:
"Therefore, it is prayed that this Hon'ble Court
may be graciously pleased to admit the Writ
Application call for the record issue rule NISI calling
upon Opposite Party to show cause as to why the
scale of pay at the nine level that is Rupees 4200-
43,600/- shall not be granted recording from date of
initial joining date 15.05.2017 failing to show cause
showing insufficient cause issue the writ of
Mandamus to Opposite Party 1 and 3 to allow the
Petitioner to draw the scale of pay at 9 level 4200-
43600 as completed 7 years list of judgments passed
in the case of Dilli Ranjan Khuntia passed in the
W.P.(C) 17899/2016 disposed of on 22.03.2022
confirmed by the Hon'ble Supreme Court of India and
pass any order/orders, direction/directions as may
deemed fit and proper.
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 02.01.2025
before the Principal Secretary, Water Resource Department,
Government of Odisha, Opposite Party No.1 under Annexure-
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.1 to consider the
representation of the Petitioner under Annexure-3 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.1, 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.1 to
consider the representation of the Petitioner under Annexure-
3, within a period of eight weeks from the date of
communication of certified copy of this order. The Opposite
Party No.1 shall do well to dispose of the representation of the
Petitioner under Annexure-3 by passing a speaking and
reasoned order. The final decision so taken be also
communicated to the Petitioner within 10 days thereafter.
7. With the aforesaid observation, the Writ Petition stands
disposed of.
8. Issue urgent certified copy of this order in course of the
day.
( A.K. Mohapatra )
Judge
RKS
Designation: AR-CUM-Senior Secretary
Location: High Court of Orissa
Date: 03-May-2025 16:33:52
