Jamini Jyotsna Mohanta v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.30579 of 2022 Jamini Jyotsna Mohanta ....

Petitioner Mr. K.S. Das, Advocate -versusState of Odisha & Others ....

Opp. Parties Mr. T.K. Pattnaik, ASC

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

17.11.2022 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-Opposite Parties.

3.

The present writ petition has been filed by the Petitioner with the following prayers:

"Therefore, it is humbly prayed that, this Hon'ble Court may graciously be pleased to direct the Opp. Parties more specifically Opp. Party No.3 and 4 to allow the benefits under 2nd Revised Assured Carrier Progression Scheme (RACP) and grade pay Rs.5400/- instead of Rs.4800/- under Annexures-2 in favour of the petitioner immediately from the date of notification vide notification no.9769 dated 08.06.2015 with all arrear dues.

Or, any other order/orders, direction/directions may be passed by this Hon'ble Court, in favour of the petitioner."

4.

It is submitted by learned counsel for the Petitioner that although the Petitioner has filed representation dated 20.05.2022 before the Opposite Party No.3 under Annexure-5, but the same is

// 2 // 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 representation 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 disposes of the writ petition at the stage of admission with a direction to the Opposite Party No.3 to consider the representation of the Petitioner dated 20.05.2022 under Annexure-5 taking into consideration Annexures-2 and 3 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