High Court
Case Details
02. 26.07.2013 Heard learned counsel for the parties. W.P.(C) No.16200 of 2013 This writ petition has been filed challenging the inaction of the opposite parties in not convening the Palli Sabha for selection of V.L.L and V.W.R. to execute various types of developmental works sanctioned by the State Government under various schemes. It is stated that a representation in this regard has been submitted to the Collector, Puri, dated 02.06.2013 as per Annexure-2 series to the writ petition, which according to the petitioners is pending consideration. Without going into the merits of the case, this writ petition is disposed of with a direction to the Collector, Puri- opposite party no.1 to dispose of petitioners’ representation dated 02.06.2013 (Annexure-2 series), if the same is still pending and pass appropriate order in accordance with law, as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of copy of this order. W.P.(C) is accordingly disposed of. Issue urgent certified copy as per rules. ………..……………… S.C. Parija, J. uks W.P.(C) No.6839 of 2012 05. 24.07.2013
Legal Reasoning
Heard learned counsel for the petitioner and Sri S.K. Nayak, learned Senior counsel appearing for the opposite party no.3. This writ petition has been filed challenging the action of the opposite parties in not releasing the arrear differential salary, as per the Revised Pay Scale, 1998, as has been granted to the other employees of Cuttack Municipal Corporation, Cuttack, who are similarly situated. Learned counsel appearing for the opposite party no.3 submits that as no records are available with regard to the appointment of the petitioner and many other similarly situated persons, no steps can be taken with regard to payment of revised scale of pay. It is stated that if the petitioner files a representation before the Commissioner, Cuttack Municipal Corporation, Cuttack, furnishing the details of the arrear revised salary, he is entitled to the same, his case may be consider by the authority keeping in view the fact that similar benefits extended to other employees of the Corporation. Considering the submissions made and without expressing any opinion on the merits of the case, this writ petition
Decision
is disposed of giving liberty to the petitioner to file representation before the Commissioner, Cuttack Municipal Corporation, Cuttack- opposite party no.3, with regard to arrear revised salary furnishing the details thereof. If such representation is filed within two weeks hence, the same shall be considered and dispose of keeping in view the fact that similar benefits have been extended to the other employees and pass appropriate order in accordance uks with law, as expeditiously as possible, preferably within a period of three months from the date of receipt of such representation. W.P.(C) is accordingly disposed of. Issue urgent certified copy as per rules. ………..……………… S.C. Parija, J. Misc. Case No.15395 of 2012 06. 24.07.2013 In view of the disposal of the writ petition, no order is required to be passed. Misc. Case is accordingly disposed of. ……….……..………… S.C. Parija, J. uks uks 60. 23.07.2013 Heard learned counsel for the petitioner and learned W.P.(C) No.12510 of 2008 counsel for the opposite parties. This writ petition has been filed challenging the action of the opposite parties in not fixing or paying the appropriate pension. Accordingly, a prayer has been made to direct the opposite parties to finalize the pension of the petitioner taking into consideration 607 C.P.I. point and other fitment, as per the recommendation of the Pension Committee under Annexure-16 to the rejoinder affidavit. Pursuant to the order of this Court dated 20.05.2010, a committee had been constituted by the Paradip Port Trust, which submitted its report in this Court, which is available at Flat-X. The petitioner has disputed the correctness of the said report and submits that he is entitled to higher amount of D.A., as per his calculation given, which is available at Flag-Y of the writ petition. Without going into the merits of the contentions raised, this writ petition is disposed of permitting the petitioner to file a representation along with the calculation of the arrear dues, which he is entitled to, before the Chairman, Paradeep Port Trust- opposite party no.3. In the event such representation is filed along with the calculation sheet, the same shall be considered by the Chairman-opposite party no.3 on its own merits and in accordance with law and dispose of the same by passing a reasoned order, as expeditiously as possible, preferably within a period of four weeks from the date of receipt such receipt of such representation. W.P.(C) is accordingly disposed of. Issue urgent certified copy as per rules. ………..……………… S.C. Parija, J. uks 06. 19.07.2013 Heard learned counsel for the petitioner and learned counsel appearing for the School and Mass Education W.P.(C) No.9576 of 2013 Department. This writ petition has been filed praying for a direction to the opposite parties to release the second installment of arrear revised salary of the petitioners as per the provision of Orissa Revised Scale of Pay Rules, 1998 w.e.f. 01.01.1996 to 31.01.2005 with all consequential relief. Learned counsel for the petitioner submits that though eight number of employees of Babebira High School, Babebira, Bargarh have been paid their arrear dues, the present petitioners have been left out, as would be evident from the letter of the Headmaster of Babebira High School, Babebira, Bargarh, dated 04.04.2013 as per Annexure-6 to the writ petition. Learned counsel for the School and Mass Education Department submits that as per allotment made by the Director, Secondary Education, Orissa, disbursement of 50% of the arrear salary has been made to some employees and a request has been made to the Director, Secondary Education, Orissa for allotment of further amount for disbursement to the others including the present petitioners. Accordingly, it is submitted that payment shall be made after receipt of the allotment. Considering the submissions made and keeping in view the fact that eight number of employees of Babebira High School, Babebira, Bargarh have already been paid balance 50% of their arrear dues, as per Annexure-6 to the writ petition, this writ petition is disposed of with a direction to the Director, Secondary Education Orissa-opposite party no.2 to take immediate steps for uks allotment of necessary funds and the District Education Officer, Sambalpur Education District, Sambalpur-opposite party no.4 is directed to ensure payment of balance 50% to the petitioners. The entire exercise shall be completed within a period of six weeks from the date of receipt of copy of this order. W.P.(C) is accordingly disposed of. Issue urgent certified copy as per rules. A free copy of this order be handed over to learned counsel for the School and Mass Education Department for compliance. ………..……………… S.C. Parija, J. uks 23. 18.07.2013 Heard learned counsel for the petitioner and learned W.P.(C) No.15439 of 2010 counsel for the opposite parties. This writ petition has been filed assailing the letter of the Joint Secretary to Government, Agriculture Department, dated 03.06.2008 as per Annexure-11 to the writ petition in holding that the petitioner is not eligible for sanction of prorata pension for the service rendered by him under the State Government. During course of hearing, learned counsel for the petitioner submits that in the case of a similarly situated ex-employee, namely, Sri Choudhury Gyanadev Dash, who worked as Surveyor, he has been granted prorata pension as per Annexure-13 to the writ petition. Accordingly, learned counsel for the petitioner submits that the petitioner is entitled to the same benefit. Learned counsel prays that the petitioner be permitted to file representation before the State Government-opposite party no.1 for redressal of his grievances. Considering the submissions made and without expressing any opinion on the merits of the case, this writ petition is disposed of giving liberty to the petitioner to file representation before the State Government-opposite party no.1 for sanction of prorata pension for the service rendered by him under the State Government. If such a representation is filed within two weeks hence before the State Government-opposite party no.1, the same shall be considered and dispose of as expeditiously as possible, preferably within a period of two months thereafter. W.P.(C) is accordingly disposed of. Issue urgent certified copy as per rules. uks ………..……………… S.C. Parija, J. 02. 18.07.2013 Heard learned counsel for the petitioner and learned W.P.(C) No.33633 of 2011 counsel for the opposite parties. This writ petition has been filed praying for a direction to the opposite parties to release the petitioner’s arrear salary for untrained scale of pay from 7.6.1994 to 5.7.1997 and arrear in trained scale of pay from 6.7.1997 to 16.4.2002. It is stated that a representation in this regard has been submitted to the Commissioner-cum-Secretary to Govt., Department of School and Mass Education, Orissa, Bhubaneswar-opposite party no.1, dated 06.06.2011 as per Annexure-3 to the writ petition, which according to the petitioner is pending consideration. Without going into the merits of the case, this writ petition is disposed of with a direction to the Commissioner-cum- Secretary to Govt., Department of School and Mass Education, Orissa, Bhubaneswar-opposite party no.1 to dispose of petitioner’s representation dated 06.06.2011 (Annexure-3), if the same is still pending as expeditiously as possible, preferably within a period of six weeks from the date of receipt of copy of this order. W.P.(C) is accordingly disposed of. Issue urgent certified copy as per rules. ………..……………… S.C. Parija, J. uks 03. 18.07.2013 Heard learned counsel for the petitioner and learned W.P.(C) No.917 9 of 2013 counsel for the opposite parties. This writ petition has been filed praying for a direction to the opposite party nos.2 and 3 to deposit the actual amount of the petitioner in his G.P.F. Account, as deducted from the salary for the year 1998 to 2012 and to provide her with the upto-date account slips. It is further stated that a representation has been submitted to the Director, Higher Education, Orissa, Bhubaneswar-opposite party no.2, dated 09.12.2012 as per Annexure-3 to the writ petition, which according to the petitioner is pending consideration. Without going into the merits of the case, this writ petition is disposed of with a direction to the Director, Higher Education, Orissa, Bhubaneswar-opposite party no.2 to dispose of petitioner’s representation dated 09.12.2012 (Annexure-3), if the same is still pending as expeditiously as possible, preferably within a period of six weeks from the date of receipt of copy of this order. W.P.(C) is accordingly disposed of. Issue urgent certified copy as per rules. ………..……………… S.C. Parija, J. uks 02. 17.07.2013 Heard learned counsel for the petitioner and learned W.P.(C) No.12253 of 2013 counsel for the State. This writ petition has been filed praying for a direction to the opposite parties to pay the arrear salary to the petitioner w.e.f. June, 1994 to December, 2012. Without expressing any opinion on the merits of the case, this writ petition is disposed of giving liberty to the petitioner to file representation before the Director, Higher Education, Orissa, Bhubaneswar-opposite party no.2 ventilating her grievances within fifteen days hence along with a copy of this order. If such a representation is filed, opposite party no.2 shall examine the case and take a decision strictly on merit with regard to disbursement of arrear salary. If the petitioner is found to be entitled to receive the dues as claimed, the same shall be disbursed in her favour within two months from the date of production of certified copy of this order. W.P.(C) is accordingly disposed of. Issue urgent certified copy as per rules. ………..……………… S.C. Parija, J. uks 02. 17.07.2013 Heard learned counsel for the petitioner and learned W.P.(C) No.1225 4 of 2013 counsel for the State. This writ petition has been filed praying for a direction to the opposite parties to pay the arrear salary to the petitioner w.e.f. June, 1994 to December, 2012. Without expressing any opinion on the merits of the case, this writ petition is disposed of giving liberty to the petitioner to file representation before the Director, Higher Education, Orissa, Bhubaneswar-opposite party no.2 ventilating her grievances within fifteen days hence along with a copy of this order. If such a representation is filed, opposite party no.2 shall examine the case and take a decision strictly on merit with regard to disbursement of arrear salary. If the petitioner is found to be entitled to receive the dues as claimed, the same shall be disbursed in her favour within two months from the date of production of certified copy of this order. W.P.(C) is accordingly disposed of. Issue urgent certified copy as per rules. ………..……………… S.C. Parija, J. uks