Raghunath Pradhan vs State Of Odisha And
2023 Latest Caselaw 8361 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.(C) No.22234 of 2023

        Raghunath Pradhan                    ....                    Petitioner
                                                       Mr. A. Sahoo, Advocate

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

                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                            ORDER

01.08.2023 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 premises as stated above, the humble petitioner fervently prays that, your lordships may graciously be pleased to consider the facts of the case may further pleased to admit the case, call for the relevant records and issue notice to the opp. parties and after being heard from the both sides, to allow this Writ Petition, to the extent that;

i) issue a writ in the nature of Mandamus directing the opp. parties to take immediate steps, to grant the pension and pensionary benefits in favour of the petitioner, as he is entitled to the same under the Orissa Aided Educational Institutions Employees Retirement Benefits Rule, 1981 w.e.f. 01.07.2023; within a reasonable time to be stipulated by this Hon'ble Court by taking into account the judgment law pronounced by this Hon'ble Court in case of // 2 //

Sarat Chandra Parida Vrs. State of Odisha 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 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

Signature Not Verified Digitally Signed Signed by: BASUDEV SWAIN Reason: Authentication of Order Location: High Court of Orissa, Cuttack