Surendra Nath Sethi vs Union Of India & Others
2023 Latest Caselaw 3407 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                              W.P.(C) No. 33205 of 2022

            Surendra Nath Sethi               ....                            Petitioner
                                                                Mr. D. Mishra, Advocate

                                            -versus-

            Union of India & others           ....                      Opposite Parties
                                                              Mr. P.K. Parhi, DSGI
                                                   Along with Mr. P.P. Behera, CGC
                                                   Mr. S.K. Jee-Opposite Party No.3

                      CORAM:
                      JUSTICE A.K.MOHAPATRA


                                        ORDER

13.04.2023 Order No.

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

2. Heard learned counsel for the Petitioner.

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

"Under the aforesaid facts and circumstances, it is, therefore, prayed that this Hon'ble Court may be graciously pleased to issue a 'Rule-Nisi' calling upon the Opposite Parties to show-cause as to why a writ in the nature of mandamus or any other appropriate writ or writs shall not be issued directing the Opposite Parties to release salary and consequential service and financial benefits including enhanced DA, HRA, Medical allowance, annual increments, leave encashment, Gratuity etc. for the period from 01.03.2021 to 28.02.2023 along with interest thereupon @ 12% per annum till the date of actual receipt and if // 2 //

the Opposite Parties fail to show cause or show insufficient cause make the said rule absolute.

AND Pass such other order/orders and/or writ/writs as this Hon'ble Court may deem fit and proper."

4. It is submitted by the learned counsel for the Petitioner that the Petitioner wants to make a fresh representation before the authority concerned with a direction from this Court to the authority to consider the case of the Petitioner within a stipulated period of time.

5. Learned DSGI submits that he has no objection if the Petitioner is permitted to file a fresh representation before the authority concerned with a direction to the authority concerned to consider the representation of the Petitioner in accordance with law within the stipulated period of time.

6. Considering such submission and without expressing any opinion on the merit of the case, this Court disposes of the writ petition permitting the Petitioner to make a fresh representation along with a copy of the judgment in the case of Sri Niranjan Das vs. Union of India & others in W.P.(C) No.33444 of 2022 before the Opposite Party No.3 within a period of two weeks from today and in the event such representation is filed before the Opposite Party No.3, the Opposite Party No.3 shall do well to consider the same by passing a speaking and reasoned order keeping in view the law laid down by this Court in the case of Sri Niranjan Das vs. Union of India & others in W.P.(C) No.33444 of 2022 within a period of four weeks from the date of filing of such representation and the decision thereof so taken shall be communicated to the Petitioner within two weeks thereafter. Further, it is made clear that in the event it is found that the Petitioner is working

// 3 //

at the moment then this shall be entitled to the salary for the period for which they have already worked.

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

Issue urgent certified copy of this order as per Rules.

(A.K. Mohapatra) Judge Anil