Benupani Swain Vs State of Odisha

Principal Secy. Govt. Of Odisha, Finance 5) The Regional Chief Conservator Of Forests, Berhampur, Ganjam 6) Divisional Forest Officer, Paralakhemundi Forest Division 7) Account General A And E, Odisha

¶13

CORAM:

¶14

THE HON'BLE MR. JUSTICE ADITYA KUMAR

MOHAPATRA

ORDER

28.01.2025

Order No.

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

¶20

Heard learned counsel for the Petitioner as well as learned Additional Government Advocate for the StateOpposite Parties.

¶21

The present writ petition has been filed by the

¶22

Page 1 of 3.

¶23

Petitioner with the following prayers:-

¶24

“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 Opposite4 Parties to fix the grade pay of the Petitioner amounting of Rs.4600/- w.e.f. 01.01.2014 ,as per Clause10 of the Govt. Resolution dated 06.02.2013 under Annexu7re-1 series from the date of competition of 30 years of service, and the decision passed in State of Odisha vrs. Biharilal Barik decided by this Hon’ble Court in W.P.C No.2831/2016, disposed of on 27.06.2016, (Diary No.(s). 20358/2017, although the similarly situated candidates have already availed the said benefit, as deemed just and proper.

¶25

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 Annexure-1 series

¶26

And pass such other order(s)/direction(s) as may be deemed fit proper in the bona fide interest of justice.”

¶27

It is submitted by learned counsel for the Petitioner that although the Petitioner has filed representation under Annexure-6 before the Opposite Party No.6, but the same is still pending before the said Opposite Party and the said Opposite Party has not taken any decision as of now.

¶28

Learned counsel for the State submits that he has no

¶29

Page 2 of 3.

¶30

objection, if a direction is given to the authority concerned to consider the representation of the Petitioner in accordance with law within a stipulated period of time.

¶31

Considering the submissions made by the learned counsels for the respective parties and without expressing any opinion on the merits of the case, this Court disposes of the writ petition at the stage of admission with a direction to the Opposite Party No.6 to consider and dispose of the representation of the Petitioner under Annexure-6 in the light of the law laid down by this Court in State of Odisha and another -vrs.- Bihari Lal Barik in ( W.P.(C) No.2831 of 2016 decided on 27.06.2016 ) (Diary No(s). 20358 of 2017, within a period of two months from the date of production of certified copy of this order taking into consideration Annexure-5. It is needless to mention here that the representation of the Petitioner shall be considered and disposed of by passing a speaking and reasoned order. Any decision so taken on the said representation shall be communicated to the Petitioner within a period of two weeks thereafter.

¶32

( A.K. Mohapatra) Judge

¶33

RKS

¶34

Signature Not Verified

¶35

Page 3 of 3.

¶36

Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 29-Jan-2025 14:04:25

Benupani Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Benupani Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sankarsan Sahu @ Shankarsan Sahu Vs State of Odisha

Purna Chandra Das Vs State of Odisha

Balakrishna Behera Vs State of Odisha

Baikuntha Nath Subudhi @ Baikunthanath Subudhi Vs State of Orissa

Bijay Kumar Satapathy Vs State of Odisha

Bijaya Kumar Mallik Vs State of Odisha