Sudhakar Nayak v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.34907 of 2022 Sudhakar Nayak and others ....
Petitioners Mr. S. Rath, Advocate -versusState of Odisha & Others ....
Opp. Parties Mr. B.P. Tripathy, AGA
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
21.12.2022 01.
1.
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2.
Heard learned counsel for the Petitioners 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:- "Under the aforesaid facts and circumstances, it is therefore, prayed that this Hon'ble Court may graciously be pleased to:
(i) direct/order the Opp. Parties to grant the Grade Pay of the Deputy Ranger to the Petitioners after completion of 10 years and further grant the Grade Pay available to the Ranger after completion of 20 years and grant the Grade Pay available to the A.C.F. after completion of 30 years @ Rs.2800/-, @ Rs.4600/- and @ Rs.5400/-;
(ii) direct/order the Authorities to fix the pension of the Petitioners after due calculation of the Grade Pay as stated above, within a stipulated period as may be prescribed by this Hon'ble Court;
(iii) pass such other order(s) or issue direction(s) as may be deemed fit and proper in the bona fide interest of justice."
// 2 // 4.
It is submitted by learned counsel for the Petitioner that although the Petitioner has filed representation before the Opposite Party No.1 under Annexure-2, 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 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.1 to consider the representation of the Petitioner under Annexure-2 in the light of the judgment in the case of State of Odisha -vrs.- Biharilal Barik decided by this Court in W.P.(C) No.20358 of 2017 decided on 23.08.2017 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