Ashok Kumar Panda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

[ W.P.(C) No.33181 of 2022 Ashok Kumar Panda ....

Petitioner Mr. M.K. Chand, Advocate -versusState of Odisha and another ....

Opposite Parties Mr. B.P. Tripathy, AGA

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

14.12.2022 01.

1.

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

2.

Heard learned counsel for the Petitioner as well as learned Additional Government Advocate appearing for the State-Opposite Parties.

3.

The present writ petition has been filed by the Petitioner with the following prayers:- "Under such circumstances, the Petitioner therefore pray that this Hon'ble Court may kindly be pleased to admit the Writ Application, issue RULE NISI calling upon the Opp. Parties to show cause as to why an appropriate direction to release Petitioner Admissible Periodical Increment with effect from 1.2.2021 within a short time period shall not be passed by this Hon'ble Court to secure the ends of justice.

And upon showing no cause or insufficient cause the Rule be made absolute by allowing the writ application with a further direction to the Opp. Parties to release Petitioner Admissible Periodical Increment with effect from 1.2.2021 within a short time period."

4.

It is submitted by learned counsel for the Petitioner that

// 2 // although the Petitioner has filed representation before the Opposite Party No.2 under Annexure-1, but 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 Additional Government Advocate appearing for the State-Opposite Parties 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.2 to consider the representation of the Petitioner under Annexure-1 in accordance with law within a period of six 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