"It Is vs Unknown
2021 Latest Caselaw 252 Ori

                         W.P.(C) No.36578 of 2020




02.   07.01.2021                This   matter     is   taken    up    through     Video
                   Conferencing mode.
                                Heard learned counsel for the parties.
                                Petitioner has sought for the following relief:

                                 "It is, therefore, prayed that this Hon'ble Court may
                         graciously be pleased to issue notice to the opp. Parties
                         calling upon them to file show cause as to why a direction
                         shall not be issued to grant pension and pensionary
                         benefits in favour of the petitioner, w.e.f. 01.06.2018 as
                         per the decision of Hon'ble apex Court of India in between
                         Prem Singh and others Vrs. State of U.P. and others,
                         dated 2.9.2019, passed in Civil Appeal No.698 of 2019 by
                         counting his period of service under work charge
                         establishment from 2.9.1993 to 31.5.2018 and after
                         hearing the parties Hon'ble Court graciously be pleased to
                         direct the opp. Parties to grant pension and pensionary
                         benefits in favour of the petitioner w.e.f. 01.06.2018 by
                         counting the period of service under work charge
                         establishment from 2.9.1993 to 30.9.2019;
                                 A further direction be issued to release arrear with
                         effect from 01.06.2018 to till date in favour of the
                         petitioner within a date to be fixed by this Hon'ble Court.
                               And pass such other order(s), direction(s) be
                         passed as deem fit and proper;
                                And may pass any other order(s), direction(s) as
                         this Hon'ble Court may deem just and proper;
                                 And for this act of your kindness, the petitioner
                         shall as in duty bound shall ever pray."

                                Looking to the limited request involved herein
                   and as this Court finds, the representation of the petitioner
                   involving   the   matter    vide    Annexure-5     since     pending
                   consideration, this Court without expressing any opinion on
                   the merits of the case disposes of the writ petition directing
                   the Secretary, Water Recourses Department, Bhubaneswar,
                   opposite party no.1 to look into the grievance of the
                   petitioner vide Annexure-5 and take decision as appropriate,
                   taking into consideration the grounds raised in the writ
                   petition and the documents taken in support of the same as
uks                well as the decision of the Hon'ble apex Court cited in the
                       2




prayer portion above.
             The entire exercise shall be completed within a
period of two months from the date of communication of copy
of this order, copy of the judgment cited hereinabove, so also
copy of the writ petition by the petitioner.
             As restrictions are continuing for COVID-19,
learned counsel may utilize the soft copy of this order
available in the High Court's website or print out thereof at
par with certified copies in the manner prescribed, vide
Court's Notice No.4587, dated 25.03.2020.


                                     ......................................
                                       Biswanath Rath, J.