Orissa High Court
Prabhakar Mallick & Ors vs State Of Odisha & Ors. .... Opposite ... on 21 September, 2023
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C)(OA) No.1601 of 2019
Prabhakar Mallick & Ors. .... Petitioners
Dr. B.K. Mishra, Advocate
-versus-
State of Odisha & Ors. .... Opposite Parties
Mr. M.K. Balabantaray, AGA
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
21.09.2023 Order No
13. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Considering the affidavit filed by the learned counsel for the Petitioner, he is permitted to delete the Petitioner No. 21 from the cause title in Court today.
3. Heard learned counsel for the Petitioners and learned counsel for the Opposite Parties.
4. The Petitioners have filed the present Writ Petition inter alia with the following prayer:-
"Under the above circumstances, it is humbly prayed that the Original Application may be allowed;
a) This Hon'ble Tribunal may graciously be pleased to direct the respondent to treat the joining of the applicants at the respective training Institutes in pursuance of the order passed by the govt. as their substantive date of appointment into the cadre of Assistant Conservator of Forest, Group-A, Jr. Branch under Forest & Environment Department and the applicants be paid with // 2 // regular salary in the regular scale of pay attached to the post of Assistant Conservator of Forest, as mentioned in the advertisement No. 14 of 2015/2016 with revisions of such scale of pay from time to time instead of stipend during the period of training:
b) And this Court may further be pleased to direct the respondent to release the differential arrear with all consequential service benefit in favour of applicants by exercising the power of relaxation available under Rule 24 and by reading down the provision of Rule 13(2),(6), Rule 18 and Rule 19 suitably;
c) May pass any other order/orders as would be deemed fit and proper be issued."
5. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioners to make individual representations before Opp. Party No.1 by enclosing all the relevant documents and citations in support of their claim, if any, within a period of three (3) weeks hence.
6. It is observed that if such representations are filed within the aforesaid period, Opp. Party No.1 shall do well to take a lawful decision on the same within a period of three (3) months from the date of receipt of such representations. The order so passed by the Opp. Party No.1 be communicated to the Petitioners.
7. With the aforesaid observation and direction, the Writ Petition is disposed of.
(Biraja Prasanna Satapathy) Judge Signature Not Verified Sneha Digitally Signed Signed by: SNEHANJALI PARIDA Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 23-Sep-2023 10:56:30 Page 2 of 2