Achyutananda Swain & Ors vs State Of Odisha & Ors
2022 Latest Caselaw 704 Ori

       IN THE HIGH COURT OF ORISSA AT CUTTACK


                         W.P.(C) No. 41902 OF 2021

Achyutananda Swain & Ors.                   .....                         Petitioners

                                                      Mr. D.K. Sahoo, Advocate
                                     Vs.
State of Odisha & Ors.                      .....                   Opposite parties

                                                                   State Counsel
            CORAM:
                DR. JUSTICE B.R. SARANGI

                                             ORDER

27.01.2022

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

2. Heard Mr. D.K. Sahoo, learned counsel for the petitioner.

3. The petitioner has filed this writ petition seeking direction to the opposite parties to grant RACPS benefits to the petitioner, keeping in view the judgment dated 27.06.2016 passed by this Court in W.P.(C) No.2831 of 2016 (State of Odisha and another v. Bihari Lal and others), as well as Annexures-3 to 8.

4. In course of hearing, Mr. D.K. Sahoo, 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 Bihari Lal (supra).

5. Considering the limited nature of grievance of the petitioner, this Court directs the petitioner to file a fresh representation within a period of fifteen days from today ventilating 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 pass appropriate order taking into consideration the ratio decided in Bihari Lal (supra) within a period of two months thereafter.

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

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed, vide Court's Notice No.4587 dated 25th March, 2020, as modified by Court's notice no. 4798 dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

Arun (DR. B.R. SARANGI) JUDGE