Binaya Krushna Kamila vs State Of Odisha & Others
2021 Latest Caselaw 11711 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No. 35165 of 2021



     Binaya Krushna Kamila                            ....                  Petitioner
                                                          Mr. S.J. Hussain, Advocate
                                          -Versus -
     State of Odisha & Others                         ....           Opposite Parties
                                                                      State Counsel

                         CORAM:
                          DR. JUSTICE B.R. SARANGI
                                           ORDER

15.11.2021

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

2. Heard learned counsel for the parties.

3. The petitioner has filed this writ petition seeking direction to the opposite parties to extend similar benefit of 2nd and 3rd RACP on the analogy of same benefit which has been allowed to others as per Annexure-8 in favour of the petitioner.

4. In course of hearing, learned counsel for the petitioner states that the petitioner may be permitted to move a fresh representation highlighting his grievances before the authority so that the same can be considered in the light of the ratio decided by this Court in State of Odisha and another v. Bihari Lal and others (W.P.(C) No.2831 of 2016 disposed of on 27.06.2016), taking into consideration Annexures-7 and 8, to which learned counsel for the State has no objection.

5. As agreed to by learned counsel for the parties, this Court

directs the petitioner to file a fresh representation within a period of fifteen days from today ventilating his grievances before the authority. In the event the petitioner files such representation along with the judgment passed by this Court in Bihari Lal (supra), the authority shall consider and dispose of the same and pass appropriate order taking into consideration the ratio decided in Bihari Lal (supra), taking into consideration Annexures-7 and 8, within a period of two months thereafter.

6. With the aforesaid observation and direction, the writ petition is disposed of.

Issue urgent certified copy as per rules.

Arun                                                (Dr. B.R. Sarangi)
                                                         Judge