Rabati Dash v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.40836 of 2021 Rabati Dash ....

Petitioner Mr. Tushar Kanta Nayak, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. Biswajit Mohanty, Standing Counsel for S. & M. E. Deptt.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

11.01.2022 Order No.

01.

1. This matter is taken up through Video Conferencing mode. 2.

Heard learned counsel for both the parties.

3.

The grievance of the Petitioner in the present writ petition is that the Authorities are not sanctioning the Assured Career Progression (A.C.P.) in favour of the Petitioner to fix the grade pay of Rs.2800/- instead of 2400/-. She has further prayed in the petition to revise the pension and calculate the differential arrear salary and release the same in her favour within a stipulated period. It is submitted that although she has represented to the Authorities, the same has not been considered in accordance with law. 4.

Mr. B. Mohanty, learned Standing Counsel for School and Mass Education Department submits that no such representation has been filed by the Petitioner before the concerned Authority.

// 2 // 5.

Having heard learned counsel for the parties, this Court disposes of the writ petition with a direction to the Petitioner to file a fresh representation along with all supporting documents before the Director, Elementary Education, Odisha, Opposite Party No.2 within a period of two weeks from today along with an authenticated copy of this order. In the event a fresh representation is filed before the Opposite Party No.2, he shall consider and dispose of the same by passing a reasoned and speaking order. The decision so taken shall be communicated to the Petitioner within a period of ten days thereafter. It is made clear that this Court has not expressed any opinion on the merits of the case. 6.

With the above direction, the writ petition stands disposed of.

7.

As the restrictions due to resurgence of COVID -19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020, modified by Court's Notice No.4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

(A.K. Mohapatra) Judge U.K.Sahoo