Rabindranath Prusty vs State Of Odisha & Others .... Opposite ... on 30 August, 2023

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Orissa High Court

Rabindranath Prusty vs State Of Odisha & Others .... Opposite ... on 30 August, 2023

Bench: A.K. Mohapatra

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No.27326 of 2023

                 Rabindranath Prusty                    ....              Petitioner
                                                             Mr. S.B. Jena, Advocate

                                             -versus-

                 State of Odisha & others               ....       Opposite Parties
                                                                  Mr. S. Das, A.G.A.

                                         CORAM:

                             JUSTICE A.K. MOHAPATRA

                                           ORDER

Order No.                                 30.08.2023
    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel appearing for the petitioner as well as learned Addl. Government Advocate for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto.

3. The present writ application has been filed by the Petitioner with the following prayer:-

"Under the circumstances it is humbly prayed therefore that this Hon'ble Court may graciously be pleased to issue a writ in the nature of mandamus or any other appropriate writ/writs by directing the opp.parties to extend the benefit of Revision of Grade pay from Rs.4000/- to Rs.5400/- as has been given to Ganeswar Ojha as per Annexure-8 Series within a stipulated period;

And further be pleased to diret the opp.parties to revised the pension in view of resolution dated 20.04.2022 under Annexure-5;

And further be pleased to direct the opp.parties to given allowance without service benefits or pass any // 2 // other order/orders as this Hon'ble Court may think fit and proper;

And allow this writ application."

4. Being aggrieved by the inaction of the Opposite Parties in revising the Grade pay as well as the pensionary benefits as is due and admissible to the Petitioner, the Petitioner has approached this Court by filing the present writ application. In course of his argument, learned counsel for the Petitioner specifically pointed to the case of one Ganeswar Ojha. It is further contended that the above named Ganeswar Ojha approached this Court challenging the inaction of the opposite parties and pursuant to the order passed by this Court the above named Ganeswar Ojha has been granted similar benefits vide Annexure-8 series as claimed by the Petitioner. In such view of the matter, learned counsel for the Petitioner submitted that the Opposite Parties be directed to consider the case of the Petitioner keeping in view case of above named Ganeswar Ojha to whom the relief sought for by the Petitioner has already been granted under Annexure-8 series to the writ application.

5. Learned Additional Government Advocate on the other hand submitted that since the Petitioner has already approached the Opposite Party No.1 by filing a representation under Annexure-7 to the writ application, he will have no objection in the event this Court directs the Opposite Party No.1 to consider the representation of the Petitioner under Annexure-7 in accordance with law and dispose of the same within a stipulated period of time.

6. Considering the submission made by the learned counsels appearing for the respective parties and on a careful examination of the background facts of the present case, this Court deems it proper to dispose of the writ application at the stage of admission by directing the Secretary, Health and Family Welfare Department, // 3 // Bhubaneswar- Opposite Party No.1 to consider the representation of the Petitioner under Annexure-7 keeping in view the case of above named Ganeswar Ojha and pass necessary orders thereon within a period of two months from the date of communication of the certified copy of this order by the Petitioner. The decision so taken by the Opposite Party No.1 be also communicated to the Petitioner within two weeks from the date of taking such a decision. It is further made clear that in the event it is found that the Petitioner stands in a similar footing with Ganeswar Ojha and there is no other legal impediment, the benefits claimed by the Petitioner be sanctioned and disbursed in his favour within a period of six weeks from the date of taking such a decision.

7. With the aforesaid observations/ directions, the writ application stands disposed of.

Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra ) Judge Anil Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 31-Aug-2023 18:55:57

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