Susanta Kumar Pradhan Vs State of Odisha

“ It is, therefore, most humbly prayed that this Hon'ble Court may be pleased to Admit the writ application, issue rule Nisi calling upon the opp. parties to show cause as to why the prayers made hereunder be not allowed, Upon showing insufficient cause/ no cause make the said Rule absolute, Issue writ/ writs in the nature of

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i.Mandamus directing Opposite Party Nos.1 & 2 to allow the petitioner with grade pay of Rs.6,600/- on 3rd financial upgradation under RACPS w.e.f. 1.1.2013 respectively as well as to continue with the scale of pay of Rs.15600/-- Rs.39100/- till the date of his retirement i.e. 31.08.2017 with all consequential and arrear financial benefits. ii. To direct the Opp. parties to fix the pay appropriately and draw the pension and retirement benefit of the petitioner as per the refixed pay along with the arrear accrued thereof. iii. And/or may pass such other writ/writs, order/orders, direction/directions as this Hon'ble Court may think fit and proper for the ends of justice.”

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In course of hearing of the writ application, learned counsel for the Petitioner submits that the Petitioner ventilating his grievance has submitted representation before Auditor General of Cooperative Societies, Odisha, Opposite Party No.2, under Annexure-5. It is also submitted by the learned counsel for the Petitioner that the said representation is pending as of now. It is also submitted by the learned counsel for the Petitioner that a direction be issued to the Opposite Party No.2 to consider the representation of the Petitioner under Annexure-5 within a stipulated period of time.

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Learned Additional Standing Counsel submits that he has no objection if the representation of the Petitioner is considered by the Opposite Party No.2, which is stated to be pending, in accordance with law within a stipulated period of time.

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Considering the limited nature of grievance of the Petitioner, the writ application is disposed of at the stage of admission with a direction to the Opposite Party No.2 to consider the representation of the Petitioner under Annexure-5 within a period of eight weeks from the date of production of certified copy of this order. The Opposite Party No.2 shall do well to dispose of the representation of the Petitioner under Annexure-5 by passing a speaking and reasoned order. The decision so taken by the Opposite Party No.2 be also communicated to the Petitioner within two weeks thereafter.

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