Jayadev Naik vs State Of Odisha & Ors
2022 Latest Caselaw 1981 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 WPC (OAC) No.1294 of 2014
            Jayadev Naik.                      ....          Petitioner(s)
                                                                   Mr.S.Rath, Advocate

                                             -versus-

            State of Odisha & Ors.                      ....         Opposite Party(s)
                                                                  Mr.S.Ghose, ASC.



                     CORAM:
                     JUSTICE BISWANATH RATH
                                           ORDER

28.03.2022 Order No. 1 1. Heard learned counsel appearing for the parties.

2. This Original Application involves the following relief:

"In view of the facts mentioned in para-6 above, the applicant prays for the following reliefs:

I) Respondents be directed to regularize the services of the applicant in view of the circular under Annexure-2. II) Respondents be directed to sanction the benefits including pension to the applicant and release the same after his retirement.

III) And pass any other order/orders as would be deemed fit and proper."

3. Learned counsel appearing for the petitioner bringing to the notice of the judgment of this Court by a coordinate Bench claims application of the same to the case at hand. This Court finds there is no counter affidavit as of now. As the application is pending since last 8 years to avoid from loss of time, this Court directs the competent authority to consider the applicability of the judgment in WPC (OAC) No.865 of 2018 to the case at hand and pass appropriate order involving the petitioner's claim by completing the entire exercise within

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a period of two months from the date of communication of certified copy of this order. In the event the petitioner will be entitled to arrear on salary as well as pensional arrear, he may also be entitled to interest @ 6% all through.

4. The WPC (OAC) stands disposed of with the observation and direction made hereinabove.

(Biswanath Rath) Judge

Sks