Ashok Kumar Dash vs Sate Of Odisha And Others
2023 Latest Caselaw 8350 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C) No.23529 of 2023


                 Ashok Kumar Dash                      ....            Petitioner
                                                 Mr. Niranjan Biswal, Advocate

                                             -versus-

                 Sate of Odisha and others              ....           Opp. Parties

                                        Mr. A.P. Das, A.S.C. appearing for O.P. No.1
                                        Mr. S.N. Das apparig for O.P. No.2 and 3


                             CORAM:
                            JUSTICE A.K. MOHAPATRA
                                        ORDER

Order No.                              01.08.2023
    01.     1.      This matter is taken up through Hybrid Arrangement
            (Virtual /Physical Mode).

2. Heard Mr. Niranjan Biswal, learned counsel appearing for the Petitioner; Mr. A.P. Das, learned Additional Standing Counsel appearing for the State-Opposite Party No.1; and Mr. S.N. Das, learned counsel appearing for the Opposite Parties No.2 & 3.

3. The present writ petition has been filed by the Petitioner with the following prayers:-

"It is, therefore, prayed that this Hon'ble Court may graciously be pleased to issue notice, call for the records and after hearing the parties, may issue appropriate Writ in the nature of Mandamus by way of passing the following order/directions:-

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i) To direct the Opp. Parties more particularly the Opp. Party no.2 to release the retirement gratuity of the petitioner with interest as per law within a time framed by this Hon'ble High Court considering the fact that the petitioner has been allowed to retire on superannuation w.e.f. 30.06.2021.

ii) To direct the Opposite Party No.2 & 3 to release the leave salary as due and admissible to the petitioner considering the fact that the petitioner has been retired from service w.e.f. 30.06.2021 as per the order passed by the Opp. Party no.2 under Annexue-4.

iii) To direct the Opposite Parties to grant all consequential benefits to the petitioner in compliance to the judgment dtd. 27.07.2021 passed by this Court.

And pass such other order and directions as deemed fit and proper."

4. It is submitted by learned counsel for the Petitioner that pursuant to the order passed by this Court, the Petitioner was allowed the extension of service tenure and, accordingly, he was allowed to retire on attaining the age of superannuation at the age of 60. It is further contended by the learned counsel for the Petitioner that pursuant to such order although the Petitioner was allowed to such benefit as is due and admissible, however, his gratuity and leave salary has not been paid so far. Challenging the same, the Petitioner has approached this Court by filing the present writ petition.

5. Learned Additional Standing Counsel appearing for the State-Opposite Party No.1, on the other hand, submitted that on perusal of the writ petition, it appears that the Petitioner has // 3 //

already given the benefit pursuant to the direction of this Court in the earlier writ petition. However, he further submitted that in the event the Petitioner has not received any service benefit, then he should have approached the Departmental Authority before approaching this Court. Accordingly, it is submitted by the learned Additional Standing Counsel that the Petitioner be directed to approach the Opposite Party No.2 by filing a fresh representation stating therein his grievance within a period of three weeks from today and in the event such a representation is filed, the Opposite Party No.2 be directed to consider the same strictly in accordance with law and dispose of the same within a stipulated period of time and he will have no objection to the same.

6. Considering the submissions made by the learned counsels appearing for the parties and upon a careful examination of the background facts of the present case as well as keeping in view the limited nature of grievance involved in the present case, this Court think it proper to dispose of the writ petition at the stage of admission by directing the Petitioner to file a fresh representation before the Opposite Party No.2 taking therein all the grounds along with all supporting documents within three weeks from today. In the event such representation is filed, the Opposite Party No.2 shall do well to consider the same strictly in accordance with law and dispose of the same by passing a speaking and reasoned order within six weeks from the date of communication of a certified copy of this order by the Petitioner. It is further directed that in the event the Opposite Party No.2 // 4 //

comes to a conclusion that the Petitioner is entitled to the gratuity and leave salary and other service benefits claimed by him, then the Opposite Parties shall do well to sanction and disburse the same within a period of six weeks from the date of taking such decision.

7. With the aforesaid observation and direction, the writ petition stands disposed of.

( A.K. Mohapatra) Judge Debasis

Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Designation: Secretary Reason: Authentication Location: OHC CUTTACK Date: 06-Aug-2023 13:34:37