The High Court of Odisha disposed of a writ petition seeking sanction for 2nd RACP and arrears. The court granted liberty for the petitioner to submit further representation and directed the respondent to decide within three months.
Liberty granted to file fresh representation within two weeks; respondent directed to decide within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPC (OAC) NO.963 of 2018
Akshaya Kumar Nanda ..... Petitioner Mr. L.K. Mohanty, Adv. -versus- State of Odisha & ..... Opposite Parties Others
Mr. H.M. Dhal, AGA
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
15.05.2024
Order No.1
3. The Petitioner has filed the present writ petition inter alia with the following prayer:-
“ (a) The Original Application be allowed.
(b) The Respondents be directed to sanction/grant benefit of 2nd RACP in favour of the Applicant w.e.f 1.1.2013 fixing his grade pay Rs.4800/- as per Finance Department Resolution dt.06.02.2013 under Annexure-5 and resolution dt.20.01.2024 under Annexure-6.
The respondents be directed to release the arrears after re-fixing the pay of the Applicant w.e.f 1.1.2013
within a date to be fixed by this Hon’ble Tribunal.”
4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make fresh representation before Opp. Party No.3 by enclosing all the relevant documents and citations in support of his claim, if any, within a period of two (2) 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 (3) 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
Signature Not Verified
Digitally Signed Signed by: SANGITA PATRA Reason: authentication of order Location: high court of orissa, cut tack Date: 17-May-2024 19:00:12
sangita
2 issues framed by the court
Whether the petitioner is entitled to sanction of 2nd RACP and arrears of pay.
Whether a liberty to file representation and direct decision by the opponent party is sufficient for disposal of the writ petition.
Akshaya Kumar Nanda
State of Odisha
Biraja Prasanna Satpathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
