Duryodhan Palai v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.32277 of 2022 Duryodhan Palai ....

Petitioner Mr. Swapnil Roy, Advocate -versusState of Odisha and others ....

Opp. Parties Mr. T.K. Pattanaik, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

07.12.2022 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. Perused the record.

3.

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

"It is therefore prayed that this Hon'ble Court may graciously be pleased to admit the writ petition and issue Rule "NISI" to the Opp. Parties to show cause as to; (i) Why the Opposite Parties will not be directed to extend the financial benefit in favour of the petitioner with Grade Pay of Rs.1650/- w.e.f. 01.03.2009 within a stipulated time; and (ii) Why the Opposite Parties will not be directed to sanction and disburse the differential salary on such extension of the benefit w.e.f. 01.03.2009 within a stipulated

// 2 // time;

And if the Opp. Parties do not show cause then the Rule be made absolute by issuing appropriate writ/writs and any other order as deem fit be passed;"

4.

It is submitted by learned counsel for the petitioner that although the petitioner has filed representation dated 08.12.2021 under Annexure-4 before the Principal Chief Secretary, Water Resources Department, Bhubaneswar-Opposite Party No.1, 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 Principal Chief Secretary, Water Resources Department, Bhubaneswar-Opposite Party No.1 to consider the representation of the petitioner in accordance with law within a stipulated period of time.

6.

Considering the submissions made, the limited nature of grievance involved in the present writ petition, keeping in view the case of the petitioner, this Court disposes of the writ petition at the stage of admission with a direction Principal Chief Secretary, Water Resources Department, Bhubaneswar-Opposite Party No.1 to consider the representation of the petitioner dated 08.12.2021 under Annexure-4 in accordance with law within a period of two months 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

// 3 // communicated to the petitioner within a period of two weeks thereafter.

7.

With the aforesaid observation/direction, the writ petition is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu