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Orissa High CourtWP(C)/28567/2022disposed off

Ananda Bhoi v. State Of Odisha

2022-11-02Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.28567 of 2022 Ananda Bhoi ....

Petitioner Mr. R.K. Bisoi, Advocate -versusState of Odisha and others ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

02.11.2022 01.

1.

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

2.

Heard learned counsel for the petitioner as well as learned counsel for the State. Perused the record.

3.

The Petitioner has filed this writ petition with the following prayer :

"In view of the aforesaid facts and circumstances as narrated above, it is ardently prayed that this Hon'ble court be graciously pleased to direct Opp.Party No.1 to sanction and disburse the 3rd RACP benefits of Rs.5400/- w.e.f. 15.10.2014 on completion of 30 years of service as per Annexure-2 and fixation of his pay in level No.12 of the 7th pay w.e.f. 1.1.2016 with revision and accordingly all arrear may be disbursed to the petitioner with revision of pension within a time stipulated as fixed by this Hon'ble Court.

And/or issue any other appropriate writ/writs, order/orders, direction/directions as deem fit and proper in the fitness of the case."

4.

It is further submitted by learned counsel for the petitioner that although the petitioner has filed representation dated 15.12.2021

// 2 // under Annexure-3 before the Commissioner-cum-Secretary to Government, Agriculture & Farmers Empowerment Department, Odisha, Bhubaneswar-Opposite Party No.1, the same is still pending before the said Opposite party and the said Opposite Party has not taken any decision as of now.

5.

Considering the submissions made, the limited nature of grievance involved in the present writ petition, keeping in view the case of the petitioner, this Court disposes of the writ petition at the stage of admission with a direction to the Commissioner-cumSecretary to Government, Agriculture & Farmers Empowerment Department, Odisha, Bhubaneswar-Opposite Party No.1 to consider the representation of the petitioner dated 15.12.2021 under Annexure-3 taking into consideration Annexures-4 and 5 in accordance with law within a period of eight weeks from the date of production of certified copy of this order. It is needless to mention here that the representation of the petitioner shall be considered and disposed of by passing a speaking and reasoned order. Any decision so taken on the said representation shall be communicated to the petitioner within a period of two weeks thereafter. 6.

With the aforesaid observation the writ application stands disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra ) Judge Jagabandhu