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Orissa High CourtWP(C)/7521/2022disposed off

Raja Kishor Mishra @ Raj Kishor Mishra v. Odisha Mining Corp. Ltd.

2022-03-30Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.7521of 2022 Raja Kishor @ Raj Kishor Mishra ....

Petitioner Mr. P.K. Jena, Advocate -versusOdisha Mining Corporation Limited, Bhubaneswar and another ....

Opposite Parties Mr. YSP Babu, AGA for State

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

30.03.2022 01.

1.

This matter is taken up through Hybrid Arrangement Order No.

(Virtual/Physical Mode).

2.

Heard learned counsel for the Petitioner and learned State. 3.

This writ petition has been filed by the Petitioner with a prayer to direct the Opposite Party No.1 to grant the stagnation increment as provided vide office order dated 30.09.2020 under Annexure-5 and Clause10.0(c) of OMC R & P Rules for NonExecutive, 1997. 4.

It is submitted by learned counsel for the Petitioner that similar benefits of stagnation increment have already been given to the Executive Employees of the Corporation. However, the nonExecutive Employees have been discriminated by not giving the same. Highlighting his grievance, the Petitioner has submitted a representation before the Managing Director, Odisha Mining Corporation Ltd., Bhubaneswar, Opposite Party No.1 on 05.10.2021

// 2 // (Annexure-7 series), which according to the Petitioner are pending for consideration of the Authority. It is further submitted by learned counsel for the Petitioner that Petitioner is going to be retired from service on attaining the age of superannuation on 31.03.2022. 5.

Considering the limited nature of grievance, the Opposite Party No.1 is directed to consider the representation filed by the Petitioner under Anenxure-7 series to the writ petition within a period of two months from the date of production of certified copy of this order. Further the Opposite Party No.1 shall do well to consider the representation of the Petitioner in accordance with law and shall dispose of the same by passing a speaking and reasoned order. In the event it is found that Petitioner is entitled for stagnation increment, the same shall be paid to the Petitioner within a period of one month thereafter.

6.

With the above direction, the Writ Petition stands disposed of.

7.

Issue urgent certified copy as per rules.

(A.K. Mohapatra) Judge U.K.Sahoo