Babaji Charan Mohanty vs State Of Odisha & Others
2022 Latest Caselaw 1366 Ori

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                           WPC(OAC) No. 2803 of 2012

            Babaji Charan Mohanty                 ....            Petitioner

                                  Mr. Satyajit Behera, Advocate

                                    -versus-
            State of Odisha & others              ....         Opp. Parties

                                  Mr. Sonak Mishra, SC (S & ME)

                                     CORAM:
                               JUSTICE M.S. SAHOO

                                 ORDER

Order No. 16.02.2022

01. This matter is taken up through hybrid mode.

The writ petition having been transferred after abolition of the learned Orissa Administrative Tribunal has been registered before this Court on 26th November, 2021 as a writ petition. On perusal of the available order sheets of the learned OAT, it is found that after 18.07.2013, the matter was never taken up.

The applicant in the Original Application has prayed for to disburse the G.P.F. amount to the applicant/petitioner within a stipulated period with a further prayer to direct the opposite parties to pay interest @ 12% per annum till the date of actual payment.

From the copy of the service book of the applicant/petitioner annexed to the Original Application, marked as Anneuxre-1, it is revealed from the notes entered that the applicant/petitioner was discharged from his duty w.e.f. 23.02.1988 vide Managing Committee Resolution No.19 RJ dated 03.02.1991. It also reveals that the applicant/petitioner was to undergone life imprisonment after being convicted as per the judgment of the learned Sessions Judge, Balasore, in ST No.14/89.

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Concededly, if the applicant was entitled for any GPF amount that would have been sought for from the date of his removal from service dated 03.02.1991 but he approached the Tribunal only in 2012 making the claim. The GPF amount was deposited as would be evident from page-15 of the writ petition i.e., Form No.V issued by the Director of Treasuries and Inspection, Orissa, Bhubaneswar towards annual statement of Orissa Aided Educational Institution Employees General Provident Fund Account, for year 1987-88.

Learned counsel for the applicant/petitioner seeks time to obtain instruction regarding present status of the payment of the said GPF amount.

Learned Standing Counsel for opposite parties is also directed to obtain instruction.

List on 9th March, 2022.

(M.S. Sahoo) Judge