← Library
Orissa High CourtWP(C)/13442/2022disposed off

Bichitrananda Pattanayak v. State Of Odisha

2022-06-20Mr. Justice Aditya Kumar Mohapatra3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.13442 of 2022 Bichitrananda Pattnayak ....

Petitioner Mr. G. Sethi, Advocate -versusState of Odisha and another ....

Opposite Parties Mr. Y.S.P. Babu, A.G.A.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

20.06.2022 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:

"It is therefore humbly prayed that this Hon'ble Court may graciously be pleased to admit the case, call for the records and after hearing both the parties pass the following reliefs:

i.

To direct the Opposite Parties to step up the pay of the petitioner at par with his junior by grant T.B.A. w.e.f. 27.4.1996 as has done in the case of Pramod Kumar Mantry vide Annexure-3.

ii.

To direct the Opposite Parties to release the arrear salary consequent upon sanction of T.B.A. in favour of the petitioner at par with his junior Promod Kumar Mantry w.e.f. 27.4.1996.

iii.

To direct the Opposite Parties to revise the pension of the petitioner and release the arrear pension. And pass such other order/orders as may be deemed fit and proper for the interest of justice;"

// 2 // 4.

It is submitted by learned counsel for the petitioner that although the petitioner has filed representation dated 23.12.2021 under Annexure-5 series before the Labour Commissioner, Odisha, Bhubaneswar-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.

5.

Learned counsel 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 writ petition at the stage of admission with a direction to the Labour Commissioner, Odisha, Bhubaneswar-Opposite Party No.2 to consider the representation of the petitioner dated 23.12.2021 under Annexure-5 series in accordance with law within a period of three months from the date of production of certified copy of this order. It is needless to mention here that the representation of the petitioner shall be considered and disposed of by passing a speaking and reasoned order. Any decision so taken on the said representation shall be communicated to the petitioner within a period of two weeks 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

// 3 //