Mamata Pradhan v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C)(OA) No.1814 of 2015 Mamata Pradhan ....

Petitioner -versusState of Odisha & Ors.

....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

22.06.2022

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

2. Heard Mr. Sahu, learned counsel for the Petitioner and Mr. Samal, learned Standing Counsel appearing for the Department.

3. The Petitioner is aggrieved by the Order passed by O.P. No. 1 under Annexure-9 rejecting the claim of the Petitioner to get higher scale of pay in terms of the Govt. Resolution issued on 12.05.2009.

4. It is submitted by Mr. Sahu, learned counsel for the Petitioner that the Petitioner had earlier approached the learned Tribunal in O.A. No.1197 of 2015 and learned Tribunal vide its order dtd.08.05.2015 under Annexure-8 directed the O.P. No. 1 to take a decision on the Petitioner's claim as made in Annexure-7 to the said O.A., taking into account the averments made in the original application. But as revealed from the impugned order, O.P. No. 1 has not taken into consideration all those facts as indicated in original application and the documents appended thereto. O.P. No.

// 2 // 1 has passed the order in a mechanical manner and without applying mind to the claim raised by the Petitioner.

6. Accordingly, this Court while quashing the said order under Annexure-9 directs the O.P. No. 1 to take a fresh decision on the Petitioner's claim by giving a personal hearing to the Petitioner. The Petitioner be permitted to file all documents in support of her claim before the O.P. No. 1. O.P. No. 1 is directed to take a fresh decision within a period of three (3) months from the date of receipt of this order.

7. The writ Petition is disposed of accordingly. (Biraja Prasanna Satapathy) Judge Sneha