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Orissa High CourtWPC(OAC)/796/2019disposed off

Ashok Kumar Mohanty v. State Of Odisha

2022-10-10Mr. Justice Biraja Prasanna Satapathy2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C)(OAC) No.796 of 2019 Ashok Kumar Mohanty ....

Petitioner -versusState of Odisha & Ors.

....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

10.10.2022

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

2. None appears for the Petitioner when the matter was called.

3. The Petitioner has filed the present Writ Petition with the following prayer:- "In view of the above facts and circumstances stated above in Para 6 of the Original Application the applicants pray for the following reliefs:

i) That the State Respondents be directed to modify the impugned order at Annexure-5 by granting the Grade Pay Rs.5,400/- instead of Rs.4,800/- at the stage of 2nd financial up-gradation under RACPS on completion of 20 years of continuous service with all other consequential service and financial benefits to the applicant.

ii) Further direction may be issued for re-fixation of his subsequent pay incorporating the modified Grade Pay of Rs.5,400/- and for drawal & disbursement of the arrear dues incurred out of such re-fixation to him within a time frame.

iii) To pass any such order or orders as deem fit and proper."

4. This Court after going through the materials available on record finds that prior to approaching this Court the Petitioner has not

// 2 // moved the concerned Authority seeking modification of the order at Annexure-5.

5. In that view of the matter, this Court while is not inclined to interfere with the matter, grants liberty to make appropriate application before O.P. No. 1 seeking modification of the same. It is observed that if any, such application is moved within a period of 3(three) weeks from today, O.P. No. 1 shall take a lawful decision on the same within a period of 3(three) months from the date of receipt of such representation.

6. With the aforesaid observation and direction, the Writ Petition is disposed of.

(Biraja Prasanna Satapathy) Judge Sneha