Manoranjan Mohapatra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.29476 of 2022 Manoranjan Mohapatra ....

Petitioner Mr.Sapan Kumar Pal, Advocate -versusState of Odisha and others ....

Opposite Parties Mr.T.K.Patnaik, A.S.C..

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

29.11.2022 01.

1.

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

2.

Heard learned counsel for the Petitioner and learned Additional Standing Counsel.

3.

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

" The Petitioner, therefore, prays that the Hon'ble Court be pleased to admit the Writ Petition and after hearing the Petitioner's counsel issue a writ/writs of Mandamus directing the Opp.Party No.3 to re-fix/re-calculating his increment from 2016 i.e. 01.07.2016, 01.07.2017 and 01.07.2018 and disbursed one increment i.e. Rs.1166/- per month along with all financial benefits with addition to pensionary benefit, which has not been paid basing upon Annexure-3 series of the writ petition and further pray if petitioner give any option in 7th Pay Commission in the year 2016 that may be ignored;" 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, Odisha, Opposite Party No.3 Principal Secretary, Health & Family Welfare Department, Opposite Party No.3 on 06.04.2022 under Annexure-4. It is also submitted by the learned counsel for the Petitioner that the

// 2 // 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-4 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-4 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-4 by passing a speaking and reasoned order.

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