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Orissa High CourtWP(C)/15962/2022disposed off

Narahari Panda v. State Of Odisha

2022-07-11Mr. Justice Aditya Kumar Mohapatra3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.15962 of 2022 Narahari Panda ....

Petitioner Mr.Pradeep Kumar Mahapatra, Advocate -versusState of Odisha and others ....

Opposite Parties Mr.P.C.Das, A.S.C..

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

11.07.2022 01.

1.

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

2.

Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State.

3.

The present writ application has been filed by the Petitioner with the following prayer:

" In view of the aforesaid facts and circumstances s narrated above it is prayed that this Hon'ble Court be graciously be pleased to admit the writ petition and issue Rule Nisi for any other appropriate writs against the Opp.Parties calling upon the Opposite Parties to show cause as to why the pension and other retirement benefits of the Petitioner shall not be refixed after allowing him grade pay of Rs.4600/- as 3rd RACP with all consequential benefits; And If, if the Opp.Partes failed to show cause or show insufficient cause, make the said Rule absolute directing the Opp.Parties to re-fix the pension and other retirement benefits of the Petitioner after allowing him grade pay of Rs.4600/- as 3rd R.A.C.P. with all consequential benefits.

And/or issue any other appropriate Writ/Writs, order/orders, direction/directions as deem fit and proper in the fitness of the case.

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In course of hearing, learned counsel for the Petitioner submits that ventilating his grievance, the Petitioner has filed a detailed representation before the Principal Secretary to Government, Department of Women & Child Development, Opposite Party No.1 on 22.05.2022 under Annexure-12. It is also submitted by the learned counsel for the Petitioner that the said representation is pending without consideration as of now. He also submits that a direction may be given to the Opposite Party No.1 to consider the representation of the Petitioner within a stipulated time.

5.

Learned Additional Standing Counsel on the other hand 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, within a stipulated period of time in accordance with law. 6.

Considering the limited nature of grievance of the Petitioner, the writ application is disposed of at the stage of admission with a direction to the Opposite Party no.1 to consider the representation of the Petitioner in accordance with law within a period of two months from the date of production of certified copy of this order. The Opposite Party No.1 shall do well to dispose of the representation of the Petitioner by passing a speaking and reasoned order. The decision so taken on the representation of the Petitioner, shall be communicated to the Petitioner within a period of two weeks thereafter.

7.

With the aforesaid observation, the writ application stands disposed of.

8.

Issue urgent certified copy as per Rules.

RKS ( A.K. Mohapatra ) Judge

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