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Orissa High CourtWPC(OAC)/1210/2009disposed off

Siba Chandra Das v. State Of Odisha

2022-01-21Dr. Justice B.R.Sarangi2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OAC) No. 1210 of 2009 Siba Chandra Das .....

Petitioner Mr. N. Lenka, Advocate Vs.

State of Odisha and others .....

Opposite parties Mr. N.K. Praharaj, Standing Counsel

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

21.01.2022 Order No.

This matter is taken up through video conferencing mode. 2.

Heard Mr. N. Lenka, learned counsel for the petitioner and Mr. N.K. Praharaj, learned Standing Counsel for the State. 3.

The petitioner files this writ petition to quash the order dated 18.02.2009 under Annexure-2, by which the representation filed by the petitioner for re-fixation of his pay in the post of Pasting Clerk has been rejected.

4.

Mr. Lenka, learned counsel for the petitioner contended that as per the counter affidavit, it has been mentioned that the non-matric pasting Clerks are to be treated as equivalent to matric Pasting Clerks from the date of issue of the memorandum, provided that they have completed 5 years of service in that stage.

5.

Mr. N.K. Praharaj, learned Standing Counsel, however referring to the letter issued after the counter affidavit was filed by the state contended that on 28.11.2011 after completion of five years of service, the pay has been fixed with effect from 26.09.2011. 6.

In view of such position, since the benefit has already been extended to the petitioner, the writ petition disposed of in terms of the instruction received by the Standing Counsel as stated above.

7.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed, vide Court's Notice No.4587 dated 25th March, 2020, as modified by Court's Notice No. 4798 dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

Arun (DR. B.R. SARANGI, J.)