Ashutosh Jena vs State Of Odisha And Others
2021 Latest Caselaw 12370 Ori

        IN THE HIGH COURT OF ORISSA AT CUTTACK
                        W.P.(C) No. 36110 of 2021

Ashutosh Jena                            .....                    Petitioner
                                                  Mr. S. Behera, Advocate
                                      Vs.
State of Odisha and others              .....              Opposite parties

                                                             State Counsel

            CORAM:
               DR. JUSTICE B.R. SARANGI

                                      ORDER

02.12.2021

Order No. This matter is taken up by hybrid mode.

2. Heard Mr. S. Behera, learned counsel for the petitioner.

3. The petitioner has filed this writ petition challenging the order dated 17.08.2021 under Annexure-5, by which his claim for differential revised arrear dues arising out of ORSP Rules, 2017 and consequential retirement dues have not been released.

4. Mr. S. Behera, learned counsel for the petitioner contended that in view of Judgment of the apex Court in State of Jharkhand v. Jitendra Kumar Srivastava (Civil Appeal No.6770 of 2013 arising out of Special Leave Petition (Civil) No.1427 of 2009 disposed of on 14.08.2013), the petitioner is entitled to get the benefit. Thereby, the rejection of his claim vide order dated 17.08.2021 under Annexure-5 cannot sustain in the eye of law. Thereby, the matter may be remitted back to the authority to reconsider the matter afresh in the light of Jitendra Kumar Srivastava

(supra).

5. In view of such submission made by the learned counsel for the petitioner and without expressing any opinion on the merits of the case, this Court quashes the order dated 17.08.2021 under Annexure-5 and remits the matter back to the authority to reconsider the same in the light of the judgment of the apex Court in Jitendra Kumar Srivastava (supra). Accordingly, the petitioner is permitted to file a fresh comprehensive representation before the authority within ten days hence enclosing the aforesaid judgment passed by the apex Court. In the event, the petitioner files such representation, the authority shall examine the same and pass appropriate order keeping in view the ratio decided by the apex Court in Jitendra Kumar Srivastava (supra) within a period of three months from the date of production/communication of the order.

6. With the above observation and direction, the writ petition is dispose of.

Issue urgent certified copy as per rules.

Alok (DR. B.R. SARANGI) JUDGE