Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.11382 of 2021
Jagadish Kumar Padhy
….
Petitioner Mr. S. Behera, Advocate
-versus-
State of Odisha & Ors. …. Opposite Parties Mr. A. Tripathy, AGA
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
Order No.
ORDER 19.01.2026
03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel appearing for the Parties.
3. The present Writ Petition has been filed inter alia challenging order dtd.05.02.2021 so passed by Opposite Party No.4 under Annexure-12.
4. It is contended that Petitioner while continuing in the establishment of Opposite Party No.3, his increment as due and admissible when was not released, he moved an application before Opposite Party No.4 under Annexure-11. As the same was not considered, he approached this Court by filing W.P.(C) No.17708 of
2020.
4.1. However, pursuant to the direction issued by this Court in its order dtd.28.08.2020 in W.P.(C) No.17708 of 2020 Opposite Party No.4 rejected the claim without assigning any reason.
4.2. It is accordingly contended that since the impugned order does not contain any reason, the same is not sustainable in the eye of law and it requires interference of this Court.
5. Basing on the stand taken in the counter affidavit, learned Addl. Government Advocate contended that Opposite Party No.4 is not competent to extend the benefit as prayed for by the Petitioner in his representation under Annexure-11. However, it is fairly admitted in the bar that Opposite Party No.2 is the competent authority to consider the Petitioner’s claim.
6. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court while quashing the order under Annexure-12, on the ground that Opposite Party No.4 is not the competent authority so admitted by the State, permit the Petitioner to make a fresh application before Opposite Party No.2 to get the benefit as prayed for.
7. It is observed that if such an application is filed within a period of two (2) weeks hence, Opp. Party No.2 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 application. The order so passed by Opp. Party No.2 be communicated to the Petitioner.
8. With the aforesaid observation and direction, the Writ Petition is disposed of.
(Biraja Prasanna Satapathy) Subrat
Judge