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Orissa High CourtWP(C)/35006/2022disposed off

Phakir Mohan Rout v. State Of Odisha

2022-12-22Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.35006 of 2022 Phakir Mohan Rout ....

Petitioner Mr.Rama Krishna Bisoi, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. T.K.Patnaik, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

22.12.2022 02.

1.

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

2.

Heard learned counsel for the Petitioner and learned Additional Standing Counsel.

3.

The Petitioner has filed the present writ application with the following prayer:

" In view of the aforesaid facts and circumstances as narrated above, it is ardently prayed that this Hon'ble Court be graciously pleased to direct the Opposite Party no.3 to sanction the 2nd RACP of Rs.4600/- to the Petitioner w.e.f. 01.01.2013 onwards and refix the pay of the Petitioner in Level No.10 of the 7th pay w.e.f. 01.01.2016 with revision of salary and accordingly all arrear may be disbursed to Petitioner with a time stipulation as fixed by this Hon'ble Court. And/or issue any other appropriate writ/writs, order/orders, direction/directions as deem fit and proper in the fitness of the case."

4.

In course of hearing of the writ application, learned counsel for the Petitioner submits that the Petitioner ventilating his grievance has submitted representation before the Collector & District Magistrate,

// 2 // Ganjam, Opposite Party No.3 under Annexure-5. It is also submitted by the learned counsel for the Petitioner that the said representation is pending as of now. It is also submitted by the learned counsel for the Petitioner that a direction be issued to the Opposite Party No.3 to consider the representation of the Petitioner under Annexure-5 within a stipulated period of time.

5.

Learned Additional Standing Counsel submits that he has no objection if the representation of the Petitioner is considered by the Opposite Party No.3, which is stated to be pending, in accordance with law within a stipulated period of time.

6.

Considering the limited nature of grievance of the Petitioner, the writ application is disposed of at the stage of admission with a direction to the Opposite Party no.3 to consider the representation of the Petitioner under Annexure-5 in accordance with law taking into consideration Annexures-3 & 4 within a period of eight weeks from the date of production of certified copy of this order. The Opposite Party No.3 shall do well to dispose of the representation of the Petitioner under Annexure-5 by passing a speaking and reasoned order.

7.

With the aforesaid observation, the writ application stands disposed of.

8.

Issue urgent certified copy of this order as per Rules. RKS ( A.K. Mohapatra ) Judge