The Court disposed of the writ petition without expressing an opinion on merits, directing the respondent to consider the petitioner's representation regarding promotion and salary arrears within three months citing Rajendra Prasad Singh.
Direction to opposite party no.2 to dispose of the representation within three months.
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W.P.(C) No. 15440 of 2016
09.09.2016
Heard Mr. J. Sengupta, learned counsel for the petitioner.
The petitioner has filed this writ application seeking for a direction to opposi
te party nos.1 and 2 to accord approval of his promotion to the post of Sr. Clerk and Head Cle
rk and release his monthly salary in the scale of pay meant for the post of Sr. Clerk and Head
clerk w.e.f. 06.04.1990 and 05.12.1992 respectively and grant the differential arrears withi
n a stipulated period keeping in view the ratio decided in the case of Rajendra Prasad Singh v
. State of Orissa & Ors, 2001 (II) OLR 683.
Mr. J. Sengupta, learned counsel for the petitioner submits that highlighting th
e grievance, the petitioner has made a representation to opposite party No.2 vide Annexure-5 a
nd no decision has yet been taken.
In view of the aforesaid limited grievance of the petitioner, without expressing
any opinion on the merits of the contentions raised, this Court disposes of the writ petition
directing opposite party no.2 to dispose of the representation stated to have been filed by t
he petitioner vide Annexure-5 in the light of ratio decided in Rajendra Prasad Singh (supra) w
ithin a period of three months from the date of communication of this order.
Requisites for communication of this order to opposite party no.2 shall be filed
within a week.
Issue urgent copy as per Rules.
Dr. B.R. Sarangi,
J.
1 issue framed by the court
Whether the representation regarding promotion and salary arrears filed by the petitioner can be disposed of in light of the ratio in Rajendra Prasad Singh.
Colour shows how this judgement treated each authority
Rajendra Prasad Singh v. State of Orissa & OrsReferred¶4
Rajendra Prasad Singh v. State of Orissa & Ors, 2001 (II) OLR 683
Petitioner
Opposite Party No. 2
Dr. B.R. Sarangi
As recorded by the court registry
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