Atanu Dewri v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P(C) NO.26680 OF 2022 Atanu Dewri ....

Petitioner -versusState of Odisha & Others ....

Opp. Parties COROM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

18.10.2022 1.

1.

This matter is taken up through Hybrid Mode.

Order No

2. Heard learned counsel for the petitioner.

3.

The Petitioner has filed the present Writ Petition with the following prayer:- "It is, therefore, prayed before the Hon'ble Court to allow the Petition, AND (i) Further be pleased to issue writ of Certiorari or any other appropriate Writ(s)/Order(s)/Direction(s) to quash Office Order No.1613 dt.30.09.2022 of the Collector, Nabarangpur, in view of the Grounds stated above with all service and financial benefits.

AND, (ii) Further be pleased issue Writ of Mandamus or any other appropriate Writ(s)/direction(s)/ order (s) to declare the Odisha Group-C & Group-D Posts (Contractual Appointment) Rules, 2013 as void, non est and nullity due to violation of Art. 14, 16, 39(d) & 309 of the Constitution of India, AND,

// 2 // (iii) Further be pleased to issue Writ of Mandamus or any other appropriate Writ(s)/ direction (s) / order (s) to direct the O.P. No.2 to modify the Odisha Group-C & Group-D Posts (Contractual Appointment) Rules, 2013 or extend salary attached to regular posts of Junior Clerk / Junior Assistant in view of Art. 39(d) of the Constitution of India regarding equal pay for equal work for both men and women due to regular selection of the Petitioner in the rank of Junior Clerk/Junior Assistant from the initial date of appointment Le. 08.11.2018 as an ideal employer to provide minimum salary attached to the post of Junior Clerk/Junior Assistant, AND, (iv) Further be pleased to pass any other order(s) direction(s) as deems fit and proper in the facts and circumstances of the case, AND, For this act of kindness, the Petitioner, as in duty bound, shall ever pray."

4.

He further submits that through highlighting his grievances, the petitioner has filed a representation Annexure-7 to the Writ Petition, but till date nothing has been done in the matter. In such background, she prays that a direction be issued to opposite party No.3 to take a decision on the above noted petition within a specific time period.

5. Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs opposite party No.3 to take a decision on the above noted petition by giving an opportunity of hearing to the petitioner, in accordance with law, within a period of two months from the date of production of certified copy of this order and communicate the result of such exercise to the petitioner.

// 3 //

6. The Writ Petition is disposed of accordingly (Biraja Prasanna Satapathy) Judge sangita