Dillip Kumar Mohanty Vs State of Odisha — Orissa HC (2024) — LawSathi Research

Dillip Kumar Mohanty Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to opposite party No.3 to consider the representation (Annexure-4), examine the petitioner's plea regarding financial upgradations as per the ORSP Rules, 2008, and take a decision at the earliest, preferably within ten weeks from receipt of a copy of the order; no adjudication on merits.

Issue for consideration

Whether the petitioner is entitled to modification of Grade Pay from Rs.2000/- to Rs.2400/- for the 1st ACP w.e.f. 22nd January, 2008, and likewise for the 2nd RACP and 3rd MACP w.e.f. 1st January, 2013 and 22nd January, 2018 respectively, with sanction and all consequential benefits. +1 more

Ratio / Principle

Without expressing anything on the merits of the case, the Court held that the petitioner's grievance is required to be examined by the Authority concerned within a stipulated period.

Key takeaways

The writ petition stands disposed of with a direction to opposite party No.3 to consider the representation (Annexure-4).ratio¶¶17
Opposite party No.3 is directed to examine the petitioner's plea with regard to financial upgradations as per the ORSP Rules, 2008 and to take a decision at the earliest, preferably within ten weeks from the date of receipt of a copy of the order.ratio¶¶17

Detailed headnote1 paragraphs

Service matter – Financial upgradation – ACP/RACP/MACP Grade Pay – Petitioner sought a direction to modify Grade Pay from Rs.2000/- to Rs.2400/- for the 1st ACP w.e.f. 22.01.2008 and correspondingly for the 2nd RACP and 3rd MACP w.e.f. 01.01.2013 and 22.01.2018, with consequential benefits; his representation (Annexure-4) was pending before Opposite Party No.3 – Taking into account the plea that the decision in Smt. Sanjukta Palei, W.P.(C) No.21679 of 2023 squarely applied, the Court, without expressing anything on merits, disposed of the writ petition directing Opposite Party No.3 to consider Annexure-4, examine the plea regarding financial upgradations under the ORSP Rules, 2008, and take a decision preferably within ten weeks from receipt of a copy of the order (R.K. Pattanaik, J.).

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.14077 of 2024

Dillip Kumar M o hanty …. P e titioner Mr. Manas Pati, A d vocate

-Versus-

State of Odisha a nd Others …. Opposit e parties Mr. B.P. Tripat h y, AGA

COR A M: MR. J USTICE R.K. PATTANAIK

Order No.

ORDER 19.06.2024

Heard l e arned counsel for respective parties.

Instant w rit petition is filed for a direction to the opposite parties to m odify the Grade Pay to Rs.2400/- in s tead of Rs.2000/- as to 1^st ACP w.e.f. 22^nd January, 2008 and likewise, the Grade Pay in respect of 2^nd RACP and 3^rd MACP w.e.f. 1^st January, 2013 and 22^nd January, 2018 respectively and to sanction the same in his favour with all consequential benefits within a stipu l ated time.

In cou r se of hearing, learned counsel for the p etitioner submits that such grievance of the petitioner is pending consideration before opposite party No.3 with a repre s entation i.e. Annexure - 4.

Mr. Tri p athy, learned AGA for the State submits t h at if the Court is so i n clined may perhaps direct opposite party No.3 to consider the r e presentation i.e. Annexure-4.

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Taking i nto account the representation i.e. Annexu r e-4 with a plea that the decision in Smt. Sanjukta Palei in W.P.(C) No.21679 o f 2023 squarely applies, this Court, without expressing an y thing on merits of the case, is of the view t hat such grievance is r e quired to be examined by the Authority c o ncerned within a stipu l ated period.

6. Hence, it is ordered.

In the r esult, the writ petition stands disposed of with a direction of o pposite party No.3 to consider Annexure- 4 and to examine the plea of the petitioner with regard to financial upgradations as per the ORSP Rules, 2008and to take a decision at the earlies t preferably within a period of ten weeks f rom the date of receipt of copy of this order.

Urgent c opy of the order be issued as per rules.

(R.K.Pattanaik) Judge

Rojina

Signature Not Verified

Digitally Signed Signed by: ROJINA SAHOO Designation: Junior Stenographer Reason: Authentication Location: OHC, CTC Date: 21-Jun-2024 10:51:57

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