Prakash Chandra Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.35011 of 2022 Prakash Ch.Nayak ....

Petitioner Mr.G.R.Sethi, 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:

" It is therefore humbly prayed that this Hon'ble Court may graciously be pleased to admit the case, call for the records and after hearing both the parties pass the following reliefs;

i) To direct the Opp.Parties to fix the scale of the Petitioner in the post of ASI of Police from the date of his promotion.

ii) To direct the Opp.Parties to sanction periodical increments to Petitioner as admissible to him from 2010 onwards.

iii) To direct the Opp.Parties to release the arrear salary consequent upon fixation of scale of pay and also sanction periodical increments to petitioner as admissible to him from 2010 onwards.

And pass such order/orders as may be deemed fit and proper for the interest of justice."

// 2 // 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 D.G. & I.G. of Police, Odisha, Cuttack, Opposite Party No.2 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.2 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.2, 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.2 to consider the representation of the Petitioner under Annexure-5 in accordance with law within a period of eight weeks from the date of production of certified copy of this order. The Opposite Party No.2 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