Pradipta Kumar Pattnaik vs Registrar Cooperative Societies
2023 Latest Caselaw 2826 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                W.P.(C) No.10420 of 2023

                 Pradipta Kumar Pattnaik                ....           Petitioner
                                                        Mr. B. Sahoo, Advocate
                                           -versus-
                 Registrar Cooperative Societies,       ....      Opposite Parties
                 BBSR & another
                                                              Mr. S. Das, A.G.A.

                                         CORAM:

                            JUSTICE A.K. MOHAPATRA

                                            ORDER

Order No.                                  05.04.2023
    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel for the Petitioner as well as learned Additional Government Advocate for the State-Opposite Parties.

3. The Petitioner has filed the present writ application with the following prayer:

"It is therefore prayed that this Hon'ble Court may graciously be pleased to;

i. Admit and allow the writ petition of the Petitioner and issue notice to the Opposite Parties; ii. After hearing the parties, direction may be issued to the Opposite Parties, especially the Opposite Party No.2, Managing Director, SERIFIED to sanction and release of un-utilized leave salary in favor of the Petitioner with interest @ 10% per annum w.e.f. 31.05.2021 within time limit;

AND iii. To pass such other orders/ direction as deemed fit and proper."

4. In course of hearing of the writ application, learned counsel for the Petitioner submits that the Petitioner ventilating his grievance has // 2 //

submitted representation before the Odisha Cooperative Tassar and Silk Federation Ltd. (SERIFIED), Managing Director, Janpath, Bhubaneswar-Opposite Party No.2 on 04.01.2023 under Annexure-4. It is also submitted by the learned counsel for the Petitioner that the said representation is pending as of now. It is also submitted by the learned counsel for the Petitioner that a direction be issued to the Opposite Party No.2 to consider the representation of the Petitioner under Annexure-4 within a stipulated period of time.

5. Learned Additional Government Advocate submits that he has no objection if the representation of the Petitioner is considered by the Opposite Party No.2, which is stated to be pending, in accordance with law within a stipulated period of time.

6. Considering the limited nature of grievance of the Petitioner, the writ application is disposed of at the stage of admission with a direction to the Opposite Party No.2 to consider the representation of the Petitioner under Annexure-4 keeping in view Annexures-2 & 3 and a judgment of Hon'ble Supreme Court in the case of State of Jharkhand and ors. vs. Jitendra Kumar Srivastava & anr reported in (2013) 12 SCC 2010 within a period of two months from the date of production of certified copy of this order. The Opposite Party No.2 shall do well to dispose of the representation of the Petitioner under Annexure-4 by passing a speaking and reasoned order.

7. With the aforesaid observation, the writ application stands disposed of.

8. Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra ) Judge // 3 //

Anil