Girish Chandra Biswal vs. State Of Odisha
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Cause title — parties, addresses and appearances
ORDER 23.04.2024
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
Heard learned counsel for the Petitioners as well as the learned Additional Government Advocate. Perused the Writ Petition as well as the documents annexed thereto.
The Petitioners have filed the present Writ Petition with the following prayer:
“In the facts and under the circumstances stated above, the Hon’ble Court would graciously be pleased to admit this WRIT application and issue; a) Rule NISI calling upon the Opp.Parties to show cause as to why the Resolution dated 07.03.2024 shall not be implemented w.e.f. February 2024 And if the O.P. fail to show cause or show insufficient . cause make the said Rule absolute; b) And be further pleased to issue a writ in the nature of Mandamus directing the Opposite Parties to enhance the remuneration of the Petitioners as per the GA Department Resolution dated 07.03.2024. c) Issue any appropriate writ(s)/direction(s)/order(s) deemed fit in the fact and circumstances of the case.”
The sole grievance of the Petitioners in the present Writ Petition is that although the Petitioners are entitled to certain financial benefits pursuant to the Resolution of the G.A. Department dated 07.03.2024 under Annexure-5 to the Writ Petition, are not being extended such financial benefits. Learned counsel for the Petitioners further contended that the Opposite Parties although extended such benefit in favour of similarly situated other employees by the Commissioner of Commercial Taxes, Orissa, Cuttack namely; Manas Ranjan Sahu, Bishnupriya Sahoo and Deepak Mohanty, however the case of the Petitioners have not been considered by the Opposite Parties under the aforesaid Resolution. Being aggrieved by such arbitrary and discriminatory conduct of the Opposite Parties, the Petitioners have approached this Court by filing the present Writ Petition.
Learned Additional Government Advocate on the other hand contended that in the event the Petitioners are aggrieved by the action of the Opposite Parties in not granting the financial benefits under the Resolution of the G.A. Department dated 07.03.2024 under Annexure-5 to the Writ Petition, the Petitioners should have approached the Opposite Parties before approaching this Court by filing the present Writ Petition. Learned Additional Government Advocate further . contended that in the event this Court directs the Opposite Parties to give direction to Opposite Party No.3 to consider the same in terms of the Resolution dated 07.03.2024 under Annexure-5 within a stipulated period of time, he will have no objection.
Considering the submissions made by the learned counsels for the respective parties, on a careful examination of the background facts of the present case, further taking into consideration the Resolution of the G.A. Department dated 07.03.2024, this Court deems it proper to dispose of the Writ Petition by granting liberty to the Petitioners to approach Opposite Party no.2 by filing a detailed representation taking therein all the grounds annexing all the relevant documents within a period of three weeks from today. In such eventuality the Opposite Party No.2 shall consider the same strictly in accordance with the Resolution dated 07.03.2024 under Annexure-5 within a period of two months from the date of communication of certified copy of this order along with the representation. It is further directed that while considering the case of the Petitioners the Opposite PartyNo.2 shall take into consideration the fact that similarly situated employees have been extended with such benefit in the meantime. The representation of the Petitioners shall be disposed of by passing a speaking and reasoned order within the aforesaid time. The final decision so taken be communicated to the Petitioners within 10 days from the date of taking such decision. .
With the aforesaid observation the Writ Petition stands disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
RKS
Reproduced from the public record of the Orissa High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.