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Rohit Ku Deheri v. State of Odisha

Orissa HC24 Jan 2025WP(C)/2062/2025

Case brief

AI extract

What is this about?

Service law; writ petition disposed at admission stage; mandamus to decide pending representation; service book verification 01.04.2023-31.08.2024; annual increment 2023 due 01.01.2024; 19 days pending salary Nov-Dec 2024; representation Annexure-9; Collector & DM Bargarh; six-week timeline; speaking and reasoned order; communication of decision; Orissa High Court Cuttack; WP(C) No.2062 of 2025; Aditya Kumar Mohapatra J.; Adv. Surendra Kumar Gartia for petitioner; Ms. S.Nayak, A.S.C. for State.

What did the court decide?

Direction to Opposite Party No.3 (Collector & District Magistrate, Bargarh) to consider the petitioner's representation under Annexure-9 within six weeks from production of certified copy of the order, dispose of it by a speaking and reasoned order, and communicate the decision to the petitioner within two weeks thereafter.

Rohit Ku Deheri Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the opposite parties ought to be directed to complete verification of the petitioner's service book for the period 01.04.2023 to 31.08.2024, release the annual increment for the year 2023 due on 01.01.2024, and pay the pending 19 days' salary for November and December 2024. +1 more

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Ratio / Principle

Considering the limited nature of the petitioner's grievance, the writ application is disposed of at the stage of admission with a direction to Opposite Party No.3 (Collector & District Magistrate, Bargarh) to consider the petitioner's representation under Annexure-9 within six weeks from the date of production of a certified copy of the order.

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Key takeaways

Opposite Party No.3 shall dispose of the representation under Annexure-9 by passing a speaking and reasoned order and shall communicate the decision so taken to the petitioner within two weeks thereafter.ratio¶29

Detailed headnote1 paragraphs

Orissa High Court (A.K. Mohapatra, J.), WP(C) No.2062 of 2025, order dated 24.01.2025 — Service matter: the petitioner prayed for completion of service-book verification for the period 01.04.2023 to 31.08.2024, release of annual increment for the year 2023 due on 01.01.2024, and payment of 19 days' pending salary for November and December 2024. His representation before the Collector & District Magistrate, Bargarh (Annexure-9) was pending. Without adjudicating the merits, the Court disposed of the writ petition at the admission stage, directing Opposite Party No.3 to consider the representation within six weeks of production of certified copy of the order, to pass a speaking and reasoned order, and to communicate the decision to the petitioner within two weeks thereafter.

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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.2062 of 2025

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Rohit Ku Deheri

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..... Petitioner

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Represented By Adv. - Surendra Kumar Gartia

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-versus-

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1) State Of Odisha ..... Opposite Parties

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Revenue Divisional Commnr. Represented By Adv. – R.d.c, Sambalpur Ms. S.Nayak, A.S.C.

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1. Collector And D.m, Bargarh

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1. Sub Collector, Bargarh

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1. Sub Collector, Padampur

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1. Tahasildar, Paikmal

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

Order No.

24.01.2025

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

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Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State-Opposite Parties.

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The Petitioner has filed the present writ application with the following prayer:

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“ Under the aforesaid facts and circumstances it is most humbly prayed that this Hon ’ ble Court may graciously be pleased to admit the writ petition and issue Rule Nisi calling upon the Opp. Parties to show cause as to why the Opp. parties shall not be directed to complete the verification of service book of the petitioner for the period 01.04.2023 to 31.08.2024 and release the annual increment for the year 2023 due on

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Page 1 of 3.

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01.01.2024 and pending 19 days salary of Nov & Dec. 2024 in favour of the petitioner within stipulated time;

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If the Opp. Parties fail to show cause or insufficient cause the Rule may be made absolute;

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And pass any other order(s)/direction(s) as would deem fit and proper. ”

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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 the Collector & District Magistrate, Bargarh, At./Po./Dist.Bargarh, Opposite Party No.3 under Annexure-9. 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.3 to consider the representation of the Petitioner under Annexure-9 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.3, 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.3 to consider the representation of the Petitioner under Annexure-9 within a period of six weeks from the date of production of certified copy of this order. The Opposite Party No.3 shall do well to dispose of the representation of the Petitioner under

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Page 2 of 3.

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Annexure-9 by passing a speaking and reasoned order. The decision so taken by the Opposite Party No.3 be also communicated to the Petitioner within two weeks thereafter.

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