Rudra Kumar Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C)(OAC) No.1372 of 2017 Rudra Kumar Sahoo ....

Petitioner -versusState of Odisha & Ors.

....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

05.09.2022

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

2. Heard Mr. B.K. Behera, learned counsel for the Petitioner and Mr. M.K. Balabantaray, learned Standing Counsel appearing for the Opp. Parties.

3. The present writ Petition has been filed with the following prayer:- "In view of the facts mentioned in para-6 of the applicant prays for the following relief's:

Your lordship may be graciously be pleased to quash/set aside the order under annexure-2 and subsequent order under annexure-3, where-in. the grade pay of the applicant has been reduced and further direct the authorities to consider the case of the application/annexure-4 pending before respondent No.3/Director and considering the averments, Rules and resolution regarding the fixation of the Grade Pay with basic pay minimum Grade Pay of Rs.2,800/- as per rule;

And any other order/orders and direction/directions be issued as this Hon'ble Tribunal deems fit and proper."

4. It is submitted that even though the writ Petition was filed with the prayer as indicated above, but in the meantime during pendency

// 2 // of the matter seeking modification of the said orders, the Petitioner has moved O.P. No. 3 on 17.01.2022 with a request to exonerate him from paying the amount of Rs.1,01,450/- (Rs. One lakh one thousand four hundred fifty).

5. Mr. Behera, learned counsel for the Petitioner submitted that he does not want to press the prayer as made in the writ Petition and prayed for consideration of the representation submitted before the O.P. No. 3 on 17.01.2022.

6. In view of such submission by the learned counsel for the Petitioner this Court while disposing the writ Petition directs O.P. No. 3 to take a lawful decision on the said representation dtd.17.01.2022 within a period of two (2) months from the date of receipt of this order. The Petitioner is directed to provide a copy of the said representation submitted on 17.01.2022 along with a copy of this order before the O.P. No. 3 for compliance.

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