Orissa High Court
Ananda Prasad Dash vs State Of Odisha And Others .... Opposite ... on 20 July, 2023
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.22598 of 2023
Ananda Prasad Dash .... Petitioner
Mr.K.C.Sahu, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr.N.K.Praharaj, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 20.07.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned Additional Government Advocate. Perused the Writ Petition as well as the documents annexed thereto.
3. The Petitioner has filed the present writ application with the following prayer:
" It is, therefore, prayed that your Lordships may graciously be pleased to pass following relief(s):-
i) The Hon'ble Court` be pleased to allow this Writ Application,
ii) The Hon'ble Court be pleased to direct the Opp.Party authorities to allow 3rd RACP benefits in favour of the Petitioner on completion of 30 years of service by fixing his basic pay appropriately in the time scale of Rs.9,300/- to Rs.34,800/- with G.P. Rs.4800/- w.e.f.
01.01.2013 in accordance with Annexure-3 & 4 in the light of similar such benefits as has been ordered by this Hon'ble Court being implemented by Govt. extending the benefits of 3rd RACP in favour of similar Amin(s) as per Annexure-7,8, 10 & 11 along with all consequential financial benefits including the revision of pay and pension as per ORSP Rules 2017 within a time // 2 // bound period for the interest of justice.
iii) The Hon'ble Court be pleased to pass any other Writ(s), Direction(s), Order(s) as this Hon'ble Court may be deemed fit and proper;"
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 Principal Secretary, Water Resources(CAD) Department, Odisha, Opposite Party no.1 under Annexure-9. 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.1 to consider the representation of the Petitioner under Annexure-9 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.1, 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.1 to consider the representation of the Petitioner under Annexure-9 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.1 shall do well to dispose of the representation of the Petitioner under Annexure-9 by passing a speaking and reasoned order. The decision so taken on the representation of the Petitioner be communicated to the Petitioner within two weeks thereafter. The Opposite Party No.1 shall do well to take into consideration the order of this Court in Akshaya Kumar Mohanty-v.-State of Odisha and others in W.P.(C) No.8826 of 2021 disposed of on 30.03.2022 and batch of other similar cases which // 3 // has been indicated in Annexure-11 to the Writ Petition.
7. With the aforesaid observation, the Writ Petition stands disposed of.
8. Issue urgent certified copy of this order as per Rules.
RKS ( A.K. Mohapatra )
Judge
Signature Not Verified
Digitally Signed
Signed by: RAMESH KUMAR SINGH
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 21-Jul-2023 11:54:16