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2025 DAILYLAW 32550 (ORI)

BIJAYA KUMAR BEHERA v. STATE OF ODISHA

WP(C)/12951/2025 · 2025-05-12

Aditya Kumar Mohapatra

Writ Petition (Civil)body2025

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.12951 of 2025 Bijaya Kumar Behera ..... Petitioner Represented By Adv. - Ranjit Mohanty -versus- State Of Odisha & Ors. ..... Opposite Parties Represented By Adv. – B.K. Sahu, A.G.A. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 12.05.2025 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Government Advocate for the State-Opposite Parties. Perused the writ application as well as the documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer: “It is, therefore, most humbly prayed that this Hon'ble Court may graciously be pleased to issue appropriate writ / writs, order / orders, direction / directions directing the Pay Fixation Officer, 0pp. Party No. 4, to revise / re-fix the pay of the petitioner by fixing his pay at Rs. 56,100/- in Level-12, Cell-1 as on 04.04.2016 and thereafter, consequent upon grant of subsequent annual periodical increments, the last Pay of Page 2 of 3. the petitioner may be fixed at Rs 67,000/- In level 12 Cell 7 by modifying the earlier order of fixation of pay, annexure-6, and on such basis the Pension Sanctioning Authority, Opp. Party No. 3, may be directed to submit the revised pension papers of the petitioner to the A.G, Odisha enabling the opp. party no. 1 to issue authorization in terms of revised PPO and GPO in favour of the petitioner enabling him to avail the revised pension and other post retrial benefits including the arrears of pension as due and admissible, further directing the Pension Sanctioning Authority to draw and disburse the differential arrears on the basis of such fixation of last pay, as due and admissible, within a time stipulated period as this Hon'ble Court pleases to fix. And pass such other order / orders as is deem just and proper” 4. 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 and District Magistrate, Nayagarh, 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. 5. Learned Additional Government Advocate submits that she 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. Page 3 of 3. 6. 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 taking into consideration Annexure-7 & 8 within a period of eight 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 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 ten days thereafter. 7. With the aforesaid observation/ direction, the writ application stands disposed of. 8. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge Anil Designation: Junior Stenographer