Subhadarshini Biswal Vs State of Orissa — Orissa HC (2024) — LawSathi Research

Subhadarshini Biswal Vs State of Orissa — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Procedural relief only: liberty to the Petitioner to file a detailed representation with supporting documents before Opposite Party No.3 within three weeks; Opposite Party No.3 to take a lawful decision thereon within three months of receipt and communicate it to the Petitioner. The substantive prayers (notional regularization 4.7.2005-14.09.2015; 40% block-grant w.e.f 1.1.2004 per GIA office order No.5349 dt.03.09.2005; pay fixation per revised pay rules) were not adjudicated and remain subject to the competent authority's decision.

Issue for consideration

Whether the Opposite Parties should be directed to consider the Petitioner's case for notional regularization of her service from 4.7.2005 to 14.09.2015, payment of 40% block-grant w.e.f 1.1.2004 as per the GIA order (office order No.5349 dt.03.09.2005, Annexure-1) in prerevised scale, and fixation of pay per revised pay rules.

Court's answer

Taking into account the claim raised in the Writ Petition, the Court granted the Petitioner liberty to make a detailed representation before Opposite Party No.3, enclosing all relevant supporting documents, within three weeks.

Ratio / Principle

If such a representation is filed within the stated period, Opposite Party No.3 shall take a lawful decision on it within three months from the date of receipt, and the order so passed shall be communicated to the Petitioner.

Key takeaways

With the aforesaid observation and direction, the Writ Petition was disposed of; the substantive claims were not decided by this Court but left for consideration by Opposite Party No.3 through the representation route.ratio¶18

Detailed headnote1 paragraphs

Writ Petition WP(C) No.4953 of 2018 (High Court of Orissa at Cuttack, Biraja Prasanna Satapathy, J., order dated 08.04.2024) filed by Subhadarshini Biswal seeking direction to the State of Odisha to consider notional regularization of her service from 4.7.2005 to 14.09.2015, payment of 40% block-grant w.e.f 1.1.2004 as per GIA office order No.5349 dt.03.09.2005 (Annexure-1) in prerevised scale, and pay fixation per revised pay rules. The Court did not adjudicate the substantive claim; it granted liberty to submit a detailed representation with documents to Opposite Party No.3 within three weeks, directed that a lawful decision be taken within three months of receipt and communicated to the Petitioner, and disposed of the petition accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C ) No.4953 OF 2018

Subhadarshini Biswal

…. Petitioner

Mr. R. Roy, Adv.

-versus-

State of Odisha & Others … Opp. Parties State Counsel

CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY

Order No

ORDER 08.04.2024

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

2. Heard learned counsel for the Petitioner and learned State Counsel for the Opposite Parties.

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

It is, therefore, humbly prayed that your Lordship may be pleased to direct the Opp. Parties to consider the case of the Petitioner to regularize her service from 4.7.2005 to 14.09.2015 notionally, pay 40% block-grant to the Petitioner w.e.f 1.1.2004 as per the GIA order vide office order NO.5349 dt.03.09.2005 under Annexure-1 in prerevised scale and accordingly fix the pay of the Petitioner as per revised pay rules from time to time. And pass such other order/orders as your Lordships deem fit and proper in the ends of justice.

4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a detailed representation before Opp. Party No.3 by enclosing all the relevant documents in support of his claim, if any, within a period three weeks hence.

5. It is observed that if such a representation is filed within the aforesaid period, Opp. Party No.3 shall do well to take a lawful decision on the same within a period of

three months from the date of receipt of such representation. The order so passed by the Opp. Party No.3 be communicated to the petitioner.

6. With the aforesaid observation and direction, the Writ Petition is disposed of.

(Biraja Prasanna Satapathy) Judge

sangita

Signature Not Verified

Digitally Signed Signed by: SANGITA PATRA Reason: authentication of order Location: high court of orissa, cut tack Date: 09-Apr-2024 15:27:26

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