Bijay Kumar Satapathy Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Bijay Kumar Satapathy Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to Opposite Party No.6 (Divisional Forest Officer, Khurda) to consider and dispose of the Petitioner's representation under Annexure-6 within two months from production of the certified copy of the order, in the light of State of Odisha -vrs.- Bihari Lal Barik (W.P.(C) No.2831 of 2016, decided on 27.06.2016) and taking into consideration Annexure-5, by passing a speaking and reasoned order, with the decision to be communicated to the Petitioner within two weeks thereafter; no opinion expressed on the merits.

Issue for consideration

Whether the Petitioner is entitled to fixation of grade pay of Rs.4600/- w.e.f. 01.01.2014 under Clause-10 of the Govt. Resolution dated 06.02.2013 from completion of 30 years of service, with consequent service and arrear benefits, as availed by similarly situated candidates (issue urged in the prayer; expressly not decided on merits by this Court). +1 more

Ratio / Principle

Without expressing any opinion on the merits of the case, the Court disposed of the writ petition at the stage of admission with a direction to Opposite Party No.6 to consider and dispose of the Petitioner's representation under Annexure-6.

Key takeaways

The representation is to be considered and disposed of within two months from the date of production of the certified copy of the order, in the light of the law laid down by this Court in State of Odisha -vrs.- Bihari Lal Barik (W.P.(C) No.2831 of 2016, decided on 27.06.2016), taking into consideration Annexure-5.ratio¶27
The representation shall be considered and disposed of by passing a speaking and reasoned order, and any decision so taken shall be communicated to the Petitioner within a period of two weeks thereafter.ratio¶27

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (Aditya Kumar Mohapatra, J.), Order dated 28.01.2025 in WP(C) No.823 of 2025 (Bijay Kumar Satapathy v. State of Odisha and others): The writ petition, filed seeking mandamus to fix the Petitioner's grade pay at Rs.4600/- w.e.f. 01.01.2014 per Clause-10 of the Govt. Resolution dated 06.02.2013 (Annexure-1 series) from completion of 30 years of service together with service and arrear benefits, as availed by similarly situated candidates per State of Odisha vrs. Biharilal Barik (W.P.C No.2831/2016, disposed of 27.06.2016), was disposed of at the admission stage without expressing any opinion on the merits. The Petitioner's representation under Annexure-6 lay pending before Opposite Party No.6 (Divisional Forest Officer, Khurda). The Court directed Opposite Party No.6 to consider and dispose of that representation within two months from production of the certified copy of the order, in the light of the law laid down in State of Odisha -vrs.- Bihari Lal Barik (W.P.(C) No.2831 of 2016, decided on 27.06.2016) and taking into consideration Annexure-5, by passing a speaking and reasoned order, and to communicate any decision so taken to the Petitioner within two weeks thereafter.

IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.823 of 2025

Bijay Kumar Satapathy

..... Petitioner

Represented By Adv. - Bijay Kumar Behera

-versus-

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

Principal Chief Conservator Of Represented By Adv. – Forest, Bbsr Ms.Babita Kumari 3) Addl. Secy Govt. Of Odisha, Forest Sahoo, AGA Environment And Climate Change

1. Principal Secy Govt. Of Odisha, Finance Dept.

Regional Chief Conservator Of Forests, Bbsr 6) Divisional Forest Officer, Khurda

Accountant General(a And E) , Bbsr

CORAM:

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).

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

The present writ petition has been filed by the Petitioner with the following prayers:-

Page 1 of 3.

“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/- w.e.f. 01.01.2014 ,as per Clause-10 of the Govt. Resolution dated 06.02.2013 under Annexure-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.

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

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

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.

Learned counsel for the State submits that he has no objection, if a direction is given to the authority concerned to consider the representation of the Petitioner in

Page 2 of 3.

accordance with law within a stipulated period of time.

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 -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.

( A.K. Mohapatra) Judge

RKS

Signature Not Verified

Page 3 of 3.

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