Ghasia Bhue v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 28942 of 2022 Ghasia Bhue ....
Petitioner Mr. S.K. Pal, Advocate -versusState of Odisha and others ....
Opposite Parties Mr. T.K. Pattnaik, ASC
CORAM:
JUSTICE A.K.MOHAPATRA
ORDER
09.11.2022 Order No.
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-Opposite Parties.
3.
The present writ petition has been filed by the Petitioner with the following prayers:
"The petitioner therefore humbly pray that this Hon'ble 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 band and grade pay i.e. PB-II (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 2 pass any other order/direction as this Hon'ble Court may deem fit and proper in facts and circumstances of the case."
// 2 // 4.
It is submitted by learned counsel for the Petitioner that although the Petitioner has filed representation dated 5.9.2022 before the Opposite Party No.3-Director of Fisheries, Odisha, Cuttack under Annexure-7, but the same is still pending before the said Opposite party and the said Opposite Party has not taken any decision as of now.
5.
Learned counsel for the State submits that he has no objection, if a direction is given to the authority concerned to consider the grievance petition of the Petitioner in accordance with law within a stipulated period of time.
6.
Considering the submissions made by the respective parties and without expressing any opinion on the merits of the case, this Court dispose of the writ petition at the stage of admission with a direction to the Opposite Party No.3-Director of Fisheries, Odisha, Cuttack to consider the representation of the Petitioner dated 5.9.2022 under Annexure-7 taking into consideration Annexure-1 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. 7.
Urgent certified copy of this order be granted on proper application. (A.K. Mohapatra) Judge Debasis