Basanta Kumar Mishra vs State Of Odisha And
2023 Latest Caselaw 10402 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.(C) No.26623 of 2023

        Basanta Kumar Mishra                ....                    Petitioner
                                                    Mr. R.R. Das-1, Advocate

                                         -versus-
        State of Odisha and
        Others                              ....              Opposite Parties
                                                               State Counsel

                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                           ORDER

30.08.2023 Order No.

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

2. Heard learned counsel for the Petitioner and learned State Counsel for the Opposite Parties.

3. The Petitioner has filed the present Writ Petition with the following prayer: -

<Under the above facts and circumstances of the case, it is humbly prayed that the Hon'ble Court may graciously be pleased to admit writ petition, and issue appropriate direction to the Opp. Parties to allow the pension and pensionary benefits in favour of the petitioner under the Orissa Aided Educational Institutions Employees Retirement Benefit Rules, 1981, in the light of judgment law pronounced by this Hon'ble Court in the case of Sarat Chandra Parida -V- State of Orissa and Others reported in 2015(II) ILR-CUT-94.=

4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a detailed representation before Opp. Party No.1 by // 2 //

enclosing all the relevant documents and citations in support of his claim, if any, within a period three weeks hence.

5. It is observed that if such a representation is filed within the aforesaid period, Opp. Party No.1 shall do well to take a lawful decision on the same in the light of the order passed in the case of Sarat Chandra Parida Vrs. State of Odisha, reported in 2015 (II) ILR-CUT-94 within a period of

three months from the date of receipt of such representation. The order so passed by the Opp. Party No.1 be communicated to the petitioner.

6. With the aforesaid observation and direction, the Writ Petition is disposed of.

(Biraja Prasanna Satapathy) Judge

Basudev

Digitally Signed Signed by: BASUDEV SWAIN Reason: Authentication of Order Location: High Court of Orissa, Cuttack Date: 01-Sep-2023 16:02:47