Durga Prasanna Dash v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.27981 of 2022 Durga Prasanna Dash ....

Petitioner Mr.Mahesh Sethi, Advocate -versusState of Odisha and others ....

Opposite Parties Mr.B.P.Tripathy, A.G.A.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

18.11.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioner and learned Additional Government Advocate.

3.

The Petitioner has filed the present writ application with the following prayer:

" It is therefore prayed that this Hon'ble Court may graciously be pleased to issue notice for show cause and call for the records and on perusal of cause shown and upon insufficient causes shown be pleased :- i) To direct the opposite parties to extend the scale of pay to the Petitioner i.e. Rs.5,200-Rs.20,200/- with grade pay Rs.1900/- as per O.R.S.P. Rule 2008 as has been decided by this Hon'ble Court vide its judgment dated 12.05.2022 under Annexure-10;

ii) To direct the opposite Party No.3 to consider the grievance petition/representation dated 19.08.2022 under Annexure-11 within a time frame by this Hon'ble Court;

iii) To direct the opposite parties o grant all other service as well as consequential benefits to the petitioner;

And any other or further order/orders/directions as deem fit and proper may pass in favour of the Petitioner."

// 2 // 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 Engineer-in-Chief (Civil), Odisha, Bhubaneswar, Opposite Party No.3 on 19.08.2022 under Annexure-11. 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-11 within a stipulated period of time. 5.

Learned Additional Government Advocate 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-11 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-11 by passing a speaking and reasoned order taking into consideration the judgment of this Court in Narayan Senapati-v.-State of Odisha and others delivered on 12.05,2022.

7.

With the aforesaid observation, the writ application stands disposed of.

8.

Issue urgent certified copy of this order as per Rules. RKS ( A.K. Mohapatra ) Judge

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