Braja Kishore Sahoo vs. Chief Commnr. GST, Cx And Customs, Bbsr

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WP(C)/5257/2024HC OrissaGSTCNR ODHC01004016202413 March 2024Bench: MR. JUSTICE ADITYA KUMAR MOHAPATRA2 pages

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Cause title — parties, addresses and appearances
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.5257 of 2024 Braja Kishore Sahoo …. Petitioner Mr. S.B. Jena, Advocate -versus- Chief Commisioner, GST, CX & Customs, Bhubaneswar Zone, Bhubaneswar and others. …. Opp. Parties CORAM: JUSTICE A.K. MOHAPATRA Order No.

ORDER 13.03.2024

01.1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel appearing for the Petitioner.

3.

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

“Under the above mentioned facts and circumstances of the case, this Hon’ble Court may graciously be pleased to issue a writ of mandamus by directing the Opp. Parties to grant the petitioner 1st RACP w.e.f. date of completion of 10 years of service, 2nd RACP w.e.f. date of completion of 20 years of service and 3rd RACP w.e.f. date of completion of 30 years of service with 60% arrear under ORSP Rules 2017 with arrear.

And further be pleased to direct the Opp. Parties to grant all consequential and service benefits to petitioner.

Or pass such order(s)/direction(s) as case may be deemed fit and proper in the interest of justice and equity.”

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4.

It is submitted by learned counsel for the Petitioner that although the Petitioner has filed representation under Annexure-3 before the Opposite Party No.1, but the same is still pending before the said Opposite Party and the said Opposite Party has not taken any decision as of now.

5.

Considering the submission made by the learned counsel for the Petitioner 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.1 to consider the representation of the Petitioner under Annexure-3 in accordance with law within a period of two months from the date of production of certified copy of this order. 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)

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