Sasmita Mishra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 27783 of 2021 Sasmita Mishra & Ors.

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Petitioners -versusState of Odisha & Ors.

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Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

16.08.2022

02. 1. This matter is taken up through Hybrid Arrangement Order No (Virtual/Physical) Mode.

2. At the outset it is submitted that the memo filed by the Petitioner to withdraw the writ Petition be treated as not pressed.

3. Heard Mr. U.C. Mohanty, learned counsel for the Petitioners and Mr. YSP Babu, learned AGA appearing for the Opp. Parties.

4. The Petitioners have filed the present writ petition with the following prayer:- "In this circumstances, it is therefore humbly prays that this Hon'ble Court may be graciously pleased to allow this writ application directing OP No.1 to look into the matter about removing the anomalies of Grade Pay of Asst. Librarian and Librarian Class -III are same Scale of Pay Rs.4200/- would be Rs.4600/- and further prayed the Annexure-12 Series representation and recommendation under Annexure-13 Series by Director HKM State Library root office be sent to Finance Department to remove the anomalies as earlier said

// 2 // recommendation was not sent to Finance Department with oblique motive by Addl. Secretary cum Director Culture Department intentionally without any authority of Law quashing the order dt.15.04.2021 under Annexure-11 and allow Grade Pay Rs.4600 removing the anomalies as done 66 categories of posts in different departments under Annexure12 series and reconsider the case of Petitioners by Finance Department which he has already done in 66 categories of posts and same was recommended on 16.08.2021 under Annexure013 along with representation of Petitions in Annexure-12 series.

And Addl. Secretary Cum Director Culture department is prohibited to take decision on removing anomalies and he has to only send to the Finance Department with his views as he has no authority under the Law to remove the anomalies; And for which the Petitioner shall as in duty bound ever pray."

5. Considering the nature of prayer made in the writ Petition, this Court while disposing the writ Petition, directs O.P. No. 3 to take a decision on Annexure-13 taking into account the notification issued by the Finance Department under Annexure-12 series within a period of two (2) months from the date of receipt of this order. The order so passed be also communicated to the Petitioner.

6. The writ Petition is disposed of.

(Biraja Prasanna Satapathy) Judge Sneha