Kailash Chandra Mohanta v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.9331 of 2022 Kailash Chandra Mohanta ....

Petitioner Mr. Rajjeet Roy, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. K.K. Nayak, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

18.04.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioner as well as learned counsel for the State. Perused the record.

3.

The present writ petition has been filed by the petitioner with the following prayers:

"In view of the above stated facts and circumstances, this Hon'ble Court may graciously be pleased to issue Rule NISI calling upon the Opp. Paries to show cuase as to why necessary directions shall not be issued for stepping up of pay of the Petitioner at par with his junior w.e.f. 02.05.1985 and for revision of his pay and pension and grant consequential financial benefits in his favour.

// 2 // And if the Opp. Parties fail to show cause or show insufficient cause this Hon'ble Court may make the said rule absolute by issuing a writ of mandamus directing the opp. Parties to consider the case of the petitioner for stepping up of his pay at par with his junior w.e.f. 02.05.1985 and also for revision of his pay and pension and grant consequential financial benefits in his favour And further be pleased to issue any other appropriate writ/writs rule/rules or order/orders, direction/directions as may be deemed fit and proper in the interest of justice."

4.

It is submitted by learned counsel for the Petitioner that although the petitioner has filed representations dated 10.02.2021, 29.01.2021 under Annexure-2 series before the Director, Animal Husbandry and Veterinary Service, Odisha, Cuttack-Opposite Party No.2, the same is still pending before the said Opposite party and the said Opposite Party has not taken any decision as of now. He further submits that the said representations have been forwarded to the Government for consideration under Annexure-3 and the same has not been considered.

5.

Learned counsel appearing for the State submits that he has no objection, if a direction is given to the authorities to consider the grievance petition of the petitioner in accordance with law within a stipulated period of time.

6.

Considering the submissions made by the respective parties, the limited nature of grievance involved in the present writ petition, keeping in view the case of the petitioner, this Court disposes of the

// 3 // writ petition at the stage of admission with a direction to the Director, Animal Husbandry and Veterinary Service, Odisha, Cuttack-Opposite Party No.2 to consider the representations of the Petitioner dated 10.02.2021, 29.01.2021 under Annexure-2 series in accordance with law within a period of three weeks from the date of production of certified copy of this order. It is needless to mention here that the representations of the petitioner shall be considered and disposed of by passing a speaking and reasoned order on the same. Any decision taken on the same shall be communicated to the petitioner within a period of ten days thereafter. 7.

With the aforesaid observation/direction, the writ petition is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra ) Judge Jagabandhu