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Nityananda Naik v. State of Odisha

Orissa HC3 Feb 2025WP(C)/796/2025

Case brief

AI extract

What is this about?

Keywords: grade pay fixation; Government Resolution dated 06.02.2013 clause-10; Annexure-6 representation; Divisional Forest Officer Khurda; mandamus; State of Odisha v. Biharilal Barik (SLP Diary No.20358 of 2017); disposal at admission stage; eight-week direction; speaking and reasoned order; Orissa High Court WP(C). Useful for cases on directions to consider pending service-benefit representations rather than adjudicating the monetary claim itself.

What did the court decide?

Direction to Opposite Party No.6 (Divisional Forest Officer, Khurda) to consider the Petitioner's Annexure-6 representation within eight weeks in light of State of Odisha v. Biharilal Barik (S.L.P. Diary No.20358 of 2017), by passing a speaking and reasoned order, and to communicate the decision within two weeks thereafter. Grade pay fixation itself was not adjudicated.

Nityananda Naik 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 Court should direct Opposite Party No.6 (Divisional Forest Officer, Khurda) to consider the Petitioner's pending representation (Annexure-6) seeking fixation of grade pay at Rs. 4600/- under clause-10 of the Government Resolution dated 06.02.2013, in light of State of Odisha v. Biharilal Barik.

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Ratio / Principle

The writ application is disposed of at the stage of admission with a direction to Opposite Party No.6 to consider the Petitioner's representation under Annexure-6 in the light of State of Odisha v. Biharilal Barik (S.L.P. Diary No.20358 of 2017) within eight weeks from production of certified copy of the order.

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Key takeaways

Opposite Party No.6 shall dispose of the Petitioner's representation under Annexure-6 by passing a speaking and reasoned order.ratio¶24
The decision so taken by Opposite Party No.6 shall be communicated to the Petitioner within two weeks thereafter.ratio¶27

Detailed headnote1 paragraphs

Writ Petition (Civil) No.796 of 2025 — Nityananda Naik v. State of Odisha & Ors., High Court of Orissa at Cuttack, decided 03.02.2025 by Aditya KUMAR Mohapatra, J. The Petitioner, represented by Adv. Bijay Kumar Behera, sought a writ of mandamus directing the Opposite Parties to fix his grade pay at Rs. 4600/- under clause-10 of the Government Resolution dated 06.02.2013 (Annexure-1 series), citing State of Odisha v. Biharilal Barik (W.P.(C) No.2831/2016, disposed of 27.06.2016; SLP Diary No(s).20358/2017). His representation before the Divisional Forest Officer, Khurda (Opposite Party No.6) was pending. Disposing of the writ at the admission stage, the Court directed Opposite Party No.6 to consider the Annexure-6 representation within eight weeks of production of the certified copy of the order, in the light of the Biharilal Barik judgment, by passing a speaking and reasoned order, and to communicate the decision to the Petitioner within two weeks thereafter. State represented by Adv. U.C.Jena, A.S.C., who had no objection to the representation being considered.

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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.796 of 2025

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Nityananda Naik

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..... Petitioner

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Represented By Adv. - Bijay Kumar Behera

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-versus-

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State Of Odisha & Ors.

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..... Opposite Parties

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Represented By Adv. – U.C.Jena, A.S.C.

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

03.02.2025

Order No.

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. Perused the writ application as well as the documents annexed thereto.

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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 of the case it is therefore, prayed that this Hon'ble court may kindly issue writ in the nature of mandamus or any other writ applicable and direct to the Opposite parties to fix the grade pay of the petitioner amounting of Rs. 4600/-, as per clause-10 of the Govt. Resolution dated-06.02.2013 under Anneuxre-1 series from the date of competition of 30 years of service, and the decision passed in State of Odisha Versus Biharilal Barik decided by this Hon'ble Court, in W.P.C No-2831/2016, disposed of on 27.06.2016, (Dairy No (s). 20358/2017, although the similarly situated

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Page 1 of 3.

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persons have already avail the aforesaid benefit, as deemed just and proper as deemed just and proper.

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And further direct to the Opp.parties to pay the service and arrear benefits as per the fixation of grade pay in pursuant to the resolution dated 06.02.2013 under Anneuxre-1 Series .”

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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 Divisional Forest Officer, Khurda (Territorial Division), Khurda, Opposite Party No.6 under Annexure6. 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.6 to consider the representation of the Petitioner under Annexure-6 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.6, 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.6 to consider the representation of the Petitioner under Annexure-6 in the light of the judgment of the Hon’ble Supreme Court in the case of State of Odisha-vrs.-Biharilal Barik decided by this Court in S.L.P. Diary No.20358 of 2017 within a period of eight weeks from the date of production of certified copy of this order. The Opposite Party No.6 shall do well to dispose of the representation of the Petitioner under Annexure-6 by passing a speaking and reasoned order. The decision so taken by the Opposite

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Page 2 of 3.

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Anil

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Party No.6 be also communicated to the Petitioner within two weeks thereafter.

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