Manoranjan Mahapatra v. State Of Orissa
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 27470 OF 2022 Manoranjan Mahapatra ....
Petitioner Mr.Sapan Kumar Pal, Advocate -versusState of Odisha and others ....
Opposite Parties Mr.A.Behera, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
26.10.2022 01.
1.
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2.
Heard learned counsel for the Petitioner and learned Additional Standing Counsel.
3.
The Petitioner has filed the present writ application with the following prayer:
" The Petitioner therefoe humbly prays that, this Hon'sble Court may graciously be pleased to allow the Writ application, issue Rule " Nisi" calling upon the opp.parties to show cause as to why the Annexure-6 is not set aside; And if the opp.parties are fail to show cause or show insufficient cause, make the said rule absolute by issuing appropriate writ(s)/direction (s) in this fact of the present case and directing the opp.party No.3 to the sanction/fixation pay in existing promotional pay hand and grade pay i.e. PB-H (930034800) G.P.-4600/- in pay matrix attached to the promotional post as per (MACP entitlement) and RACP Rule-2013 and fixed basic pay Rs.44,900/- in level-10 Cell-1 w.e.f 01.01.2016 onwards as per the pay matrix as per ORSP Rule, 2017 for the post of Asst. Fisheries Officer towards 2nd RACP on completion of 20 years of continuous service; and also disburse all legal dues and service benefit to the Petitioner taking into Annexure-1 and 7 pass any other order/direction as this Hon'ble Court may deem fit and proper in facts and circumstances of the case ;
And for this act of kindness the Petitioner shall, as in duty bound ever pray."
4.
In course of hearing of the writ application, learned counsel for the Petitioner submits that the Petitioner ventilating his grievance has submitted representation before the Director of Fisheries, Cuttack, Opposite Party No.3 on 30.08.2022 under Annexure-7. It is also submitted by the learned counsel for the Petitioner that the said representation is pending as of now. It is also submitted by the learned counsel for the Petitioner that a direction be issued to the Opposite Party No.3 to consider the representation of the Petitioner under Annexure-7 within a stipulated period of time. 5.
Learned Additional Standing Counsel submits that he has no objection if the representation of the Petitioner is considered by the Opposite Party No.3, which is stated to be pending, in accordance with law within a stipulated period of time.
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.3 to consider the representation of the Petitioner under Annexure-7 in accordance with law within a period of eight weeks from the date of production of certified copy of this order. The Opposite Party No.3 shall do well to dispose of the representation of the Petitioner under Annexure-7 by passing a speaking and reasoned order taking into consideration Annexure-1. 7.
With the aforesaid observation, the writ application stands disposed of.
8.
Issue urgent certified copy after removal of defects. RKS ( A.K. Mohapatra ) Judge