Disposed¶21

Pratap Kumar Seth v. Fakir Mohan University, Balasore

Orissa HC22 Aug 2024WP(C)/20160/2024

Case brief

AI extract

What is this about?

Pay fixation; Senior Assistant 22.03.2002; Section Officer Level-II 27.02.2007; Asst. Registrar 28.04.2018; arrear salary; RACP/MACP; pension and pensionary benefits; representation Annexure-17 unanswered; order under Annexure-16; decision within three months; communication of result; disposal of writ petition; High Court of Orissa at Cuttack; Justice Biraja Prasanna Satapathy; counsel Mr. J. Biswal; Fakir Mohan University, Balasore.

What did the court decide?

Writ Petition disposed of with a direction to Opposite Party No.1 to take a decision on the Petitioner's representation (Annexure-17) in accordance with law, taking into account the order under Annexure-16, within three months from production of the certified copy, and to communicate the result of such exercise to the Petitioner. ¶21

Pratap Kumar Seth Vs Fakir Mohan University, Balasore — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Opposite Parties should be directed to fix the Petitioner's pay as Senior Assistant w.e.f. 22.03.2002, Section Officer Level-II w.e.f. 27.02.2007 and Asst. Registrar w.e.f. 28.04.2018, with consequential financial benefits, arrear salary, RACP/MACP benefits and recalculated pensionary benefits. +1 more

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Ratio / Principle

Without expressing any opinion on the merits of the case, this Court directed Opposite Party No.1 to take a decision on the Petitioner's representation (Annexure-17) in accordance with law, taking into account the order passed under Annexure-16, within a period of three months from the date of production of the certified copy of the order, and to communicate the result of such exercise to the Petitioner.

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Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, W.P.(C) No.20160 of 2024 (order dated 22.08.2024, Justice Biraja Prasanna Satapathy): Petitioner Pratap Kumar Seth sought directions to Opposite Parties (Fakir Mohan University, Balasore and Another) to fix his pay as Senior Assistant w.e.f. 22.03.2002, Section Officer Level-II w.e.f. 27.02.2007 and Asst. Registrar w.e.f. 28.04.2018, release arrear salary, extend RACP/MACP benefits and recalculate pensionary benefits with arrears; his representation (Annexure-17) had gone unaddressed. Without expressing any opinion on the merits, the Court disposed of the Writ Petition, directing Opposite Party No.1 to take a decision on the representation in accordance with law, taking into account the order passed under Annexure-16, within three months from production of the certified copy of the order, and to communicate the result to the Petitioner.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.20160 of 2024

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Pratap Kumar Seth …. Petitioner

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Mr. J. Biswal, Advocate

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-versus-

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Fakir Mohan University, Balasore and Another

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…. Opposite Parties

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CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

Order No.

22.08.2024

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

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2. Heard learned counsel for the parties.

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3 . The Petitioner has filed the present Writ Petition with the following prayer: -

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“Under the aforesaid facts and circumstances of the case, it is therefore, prayed that this Hon’ble Court may graciously be pleased to direct the Opp. Parties to fix the pay of the petitioner in the rank of Senior Assistant w.e.f. 22.03.2002 and Section Officer, Level-II w.e.f. 27.02.2007 and Asst. Registrar w.e.f. 28.04.2018 by not only extending the proper financial benefit but also releasing the arrear salary due to such consequential pay fixation within a stipulated period.

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And the Opp. Parties may be directed to extend the other financial benefits like RACP/MACP in favour of the petitioner within the stipulated period.

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// 2 //

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And the Opp. Party may further be directed to calculate the pension and pensionary benefit of the petitioner in terms of aforesaid fixation of the pay and to release all such benefits including arrear in pensionary benefits.”

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4. Learned counsel for the Petitioner submits that through highlighting his grievances, the petitioner has filed a representation vide Annexure-17 to the Writ Petition, but till date nothing has been done in the matter. In such background, he prays that a direction be issued to opposite party No.1 to take a decision on the above noted petition within a specific time period.

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5. Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs opposite party No.1 to take a decision on the above noted representation in accordance with law taking into account the order passed under Annexure16, within a period of three months from the date of production of certified copy of this order and communicate the result of such exercise to the petitioner.

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6. The Writ Petition is disposed of accordingly.

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(Biraja Prasanna Satapathy) Judge

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Basudev

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Signature Not Verified

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Digitally Signed Signed by: BASUDEV SWAIN Designation: SR. STENO Reason: Authentication Location: High Court of Orissa, Cuttack Date: 23-Aug-2024 18:23:53

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Pratap Kumar Seth v. Fakir Mohan University, Balasore

Case brief

What is this about?

What did the court decide?

Pratap Kumar Seth v. Fakir Mohan University, Balasore

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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