This Court, hearing a writ petition regarding the revision of pay scales, arrear salary, and service benefits, directed Opposite Party No. 2 to decide the petitioner's application within three months on its merits.
Directed Opposite Party No. 2 to decide the petitioner's application within three months
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.6230 of 2023
Jahuruddin Khan
Petitioner
-versus-
State of Odisha & Ors.
…. Opposite Parties
CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
14.03.2023
Order No
01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel for the Petitioner and learned counsel appearing for the Opp. Parties.
3 . The Petitioner has filed the present Writ Petition with the following prayer:-
“It is, therefore, humbly prays that the Hon'ble Court may graciously be pleased to issue Rule Nisi calling upon the Opp. Parties to show cause as to why Petitioner's scale of pay shall not be revise/refix as per order No. 13248 dated 23.09.2022 by District Education Officer, Khordha and as to why the differential arrear salary along with interest shall not be paid within a stipulated time, in case Opp. Parties do not show cause or shows insufficient or wrong cause, the Hon'ble Court may make the Rule absolute by directing the Opp. Parties to sanction and disburse the differential arrear by granting the financial benefit of A.C.P./R.A.C.P/MACP and other consequential service benefits as due and admissible to the petitioner within a stipulated time period.
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And may pass such other order(s)/direction(s) deem fit and proper for the interest of justice. And for this act of kindness, the petitioner shall as in duty bound ever pray.”
4. Learned counsel for the Petitioner submits that through highlighting his grievances, the Petitioner has filed an application at Annexure-5 to the Writ Petition before the O.P. No. 2, but till date nothing has been done in the matter. In such background, learned counsel for the Petitioner prays that a direction be issued to Opposite Party No. 2 to take a decision on the above noted Petition within a specific time period.
5. Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs Opposite Party No. 2 to take a decision on the above noted petition in accordance with law within a period of three (3) months from the date of receipt of this order and communicate the result of such exercise to the Petitioner.
6 . The Writ Petition is disposed of accordingly.
(Biraja Prasanna Satapathy) Judge
Sneha
Page 2 of 2
2 issues framed by the court
Whether the petitioner is entitled to revision of pay scale, differential arrear salary with interest, and consequential service benefits as an A.C.P./R.A.C.P./MACP.
Whether Opposite Party No. 2 should be directed to take a decision within a specified time limit.
Jahuruddin Khan
State of Odisha
Biraja Prasanna Satapathy
As recorded by the court registry
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