Dr. Pravat Kumar Rath & Ors vs State Of Odisha & Ors
2023 Latest Caselaw 2919 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                          W.P.(C) No.13313 of 2022

        Dr. Pravat Kumar Rath & Ors.           ....                Petitioners
                                                           Mr. K.P. Dash, Advocate

                                                -versus-

        State of Odisha & Ors.                 ....                Opposite Parties
                                                                Mr. YSP Babu, AGA

                            CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                       ORDER

06.04.2023 Order No

08. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel for the Petitioners and learned counsel appearing for the Opp. Parties.

3. The Petitioners have filed the present Writ Petition with the following prayer:-

<Under the above facts and circumstances of the case, it is humbly prayed that this Hon'ble High Court be pleased to allow this writ application by granting following reliefs:-

a) Appropriate writ/writs be issued declaring retirement age on superannuation of the Homeopathy doctors in State of Odisha to be 65 years instead of 60 years taking into consideration the principles of law in rem laid down by the Hon'ble Apex Court in its judgment dated 03.08.2021 passed in Civil Appeal No. 4578/2021 under Annexure-4;

b) An appropriate writ/writs direction/directions be issued directing the opp. Parties to allow the petitioners to continue in their post of Homeopathy doctors up to the age of enhanced // 2 //

date of superannuation till the age of 65 years of age with all consequential benefits and at par with the Allopathic Doctors;

c) Any other order/orders or direction/directions may be issued so as to give complete relief to the petitioner in the given facts and circumstances of the case as this Hon'ble High Court deem fit and proper;=

4. Learned counsel for the Petitioners submits that through highlighting their grievances, the Petitioners have filed an application at Annexure-5 to the Writ Petition before the O.P. No. 1, but till date nothing has been done in the matter. In such background, learned counsel for the Petitioners prays that a direction be issued to Opposite Party No. 1 to take a decision on the above noted Petition within a specific time period.

5. Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs Opposite Party No. 1 to take a decision on the above noted petition in accordance with law within a period of three (3) months from the date of receipt of this order and communicate the result of such exercise to the Petitioners.

6. The Writ Petition is disposed of accordingly.

(Biraja Prasanna Satapathy) Judge Sneha