Disposed

Abhimanyu Behera v. the Secy, Deptt. of Higher Edu,Odisha

Orissa HC26 Apr 2023WP(C)/11429/2023

Case brief

AI extract

What is this about?

In this writ petition concerning pay fixation and service regularization, the High Court ordered the respondent authority to take a final decision on the petitioner's representation within two months, ignoring a prior communication citing pendency of another order.

What did the court decide?

To consider the petitioner's pending representation and pass a final decision on pay fixation and regularization within two months.

Abhimanyu Behera Vs the Secy, Deptt. of… — Pension and Retirement Benefits | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.11429 of 2023

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Abhimanyu Behera

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…. Petitioner

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Ms.Sandhyarani Pani, Advocate

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-versus-

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The Secretary Department of Higher Education, Odisha & others

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…. Opposite Parties

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Mr.A.Behera, A.S.C.

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

Order No.

26.04.2023

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard learned counsel for the Petitioner as well as the learned Additional Standing Counsel for the State. Perused the Writ Petition as well as the documents annexed thereto.

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The present Writ Petition has been filed with the following prayer:

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“It is therefore, prayed that this Hon’ble Court may be graciously pleased to issue writ/writs, order/orders and direction/directions under Article 226 of the Constitution of India more particularly to issue:-

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Writ of Mandamus directing the Opposite Parties to extend the ORSP Rules, 2017 with effect from 01.01.2016 and fixation of scales of pay along with annual increments.

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Direction directing the Opposite Parties to calculate the arrear dues from the date due 01.01.2016 and pay all arrear dues to the Petitioner forthwith and the period from 14.05.2017 to 06.12.2021 treated as duty pay salary by regularize his service keeping in view Annexure-2.

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And pass such other order/orders as this Hon’ble Court

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// 2 //

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may deem fit and proper in the facts and circumstances of the case and in the interest of justice.”

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It is submitted by the learned counsel for the Petitioner that pursuant to the order passed by the Tribunal, the authorities have allowed the Petitioner to join in the service. Thereafter, the Petitioner again approached the authority for pay fixation. However, the same has not been taken up as of now. Learned counsel for the Petitioner submitted that although the Petitioner has represented before the Opposite Party no.1 on 04.11.2022, no decision has been taken thereof. She has further submitted that the Petitioner has received a communication from the Government vide letter dated 24.03.2023 from the Department of Higher Education, wherein he has been informed that due to pendency of O.A.No.1530(C) of 2017, no decision has been taken and accordingly no final order has been passed on the grievance of the Petitioner.

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Learned Additional Standing Counsel for the State-Opposite Parties on the other hand submitted that since the Petitioner approached the Opposite Party No.1 and his representation is pending for consideration, he has no objection if a direction is given to Opposite Party No.1 to consider the same in accordance with law within a stipulated period of time. He further submitted that the communication under Annexure-8 reveals that no final decision has been taken due to pendency of O.A.No1530(C) of 2017. He further submitted that the same has been disposed of in the meantime. However, the Opposite Party No.1 is competent to take a decision in the matter.

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Considering the aforesaid facts and circumstances of the case and after taking into account the contentions raised by the learned counsel for the parties, this Court deems it proper to dispose

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// 3 //

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of the Writ Petition at the stage of admission by directing the Opposite Party no.1 to take a decision on the representation of the Petitioner under Annexure-3 dated 04.11.2022 ignoring the communication dated 24.03.20223 under Annexure-8. Let a final decision be taken within a period of two months from the date of communication of the order in accordance with law. The final decision taken by the authority shall be communicated to the Petitioner within two weeks thereafter.

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With the aforesaid observation, the Writ Petition stands disposed of.

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RKS

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( A.K. Mohapatra )
Judge

Abhimanyu Behera v. the Secy, Deptt. of Higher Edu,Odisha

Case brief

What is this about?

What did the court decide?

Abhimanyu Behera v. the Secy, Deptt. of Higher Edu,Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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