Sarat Kumar Mohanty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.12300 of 2022 Sarat Kumar Mohanty ....

Petitioner Mr. Laxman Pradhan, Advocate -versusState of Odisha & Others ....

Opposite Parties Mr. P.C. Das, ASC

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

04.07.2022 01.

1.

This matter is taken up through hybrid arrangement (virtual/physical mode).

2.

On the oral prayer made by the Petitioner, the Registrar, Cooperative Societies, Odisha is impleaded as Opposite Party No.4 to the writ petition in Court today.

3.

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

4.

The Writ Petition has been filed by the Petitioner with the following prayer:

"It is, therefore, most humbly prayed that this Hon'ble Court may be pleased to admit the writ application, issue rule Nisi calling upon the opp. Parties to show cause as to why the prayers made hereunder be not allowed, upon showing insufficient cause no cause make the said Rule absolute, issue writ in the nature of i) Mandamus directing opposite party No.1 and 2 to allow the Petitioenr with grade pay of Rs.6600/- on 3rd financial up gradation under RACPS w.e.f.

dtd.12.07.2015 as well as to continue with the scale of

// 2 // pay of Rs.15600/- - Rs.39100/- till the date of his retirement i.e. 28.2.2019 with all consequential and arrear financial benefits quashing the impugned order dtd.27.01.2017 passed by opp. Party No.2 under Annexure-6.

ii) To direct the opp. Parties to fix the pay appropriately and draw the pension and retirement benefit of the petitioner as per the re-fixed pay along with the arrear accrued thereof.

iii) And/or may pass such other writ(s), order(s)/direction(s) as this Hon'ble Court may think fit and proper for the ends of justice."

5. Learned counsel for the Petitioner submits that ventilating his grievance Petitioner has filed a representation before the Registrar, Cooperative Societies, Odisha, Opposite Party No.4, which has been filed under Annexure-8 to the writ petition, on which, no decision has been taken by the Authority.

6. Considering the limited nature of grievance and considering the facts and circumstances of the case, this Court directs the Registrar, Cooperative Societies, Odisha, Opposite Party No.4, to consider the representation of the Petitioner under Annexure-4 within a period of two months from the date of receipt of certified copy of this order, strictly in accordance with law by passing a speaking and reasoned order. Decision so taken be communicated to the Petitioner within a period of two weeks thereafter.

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

8. Issue urgent certified copy of this order on proper application. ( A.K. Mohapatra ) Judge U.K. Sahoo