Orissa High Court
Praful Kumar Sethi vs State Of Odisha And Others .... Opp. ... on 7 December, 2023
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.39388 of 2023
Praful Kumar Sethi .... Petitioner
Mr. Niranjan Biswal, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. Nikhil Pratap, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 07.12.2023
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
Additional Standing Counsel appearing counsel for the State-
Opposite Parties. Perused the writ petition as well as the
documents annexed thereto.
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:-
i) To direct the Opp. Parties more particularly
Opp. Party No.2 to release the statutory
interest on delayed payment of Gratuity of the
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petitioner as per Rule-7(3-A) of the Payment
of Gratuity Act, 1972 within a time framed by
the Hon'ble Court considering the fact that the
petitioner has been allowed to retired on
superannuation w.e.f. 30.06.2021 and the Opp.
Party No.2 has illegally withheld the Gratuity
of the Petitioner for a period of 2 years i.e.
from 30.06.2021 to 25.08.2023.
ii) To direct the Opposite Parties to grant all
consequential benefits to the petitioner within
a time framed by this Hon'ble Court.
And pass such other order and directions as
deemed fit and proper."
4. It is submitted by learned counsel for the Petitioner that
earlier the Petitioner approached this Court by filing a writ
petition bearing W.P.(C) No.23528 of 2023 which was disposed
of by this Court vide order dated 01.08.2023 with a direction to
Opposite Party No.2 to consider the representation of the
Petitioner within a period of six weeks from the date of
communication of a certified copy of that order. Learned counsel
for the Petitioner, at this juncture, submitted that after disposal
of the earlier writ petition although the authorities have
disbursed the principal gratuity amount as is due and admissible
to the Petitioner after a delay of two years, however they have
not paid any interest on such delayed payment. He further
contended that the Petitioner has already approached the
Opposite Party No.2-E.I.C.-cum-Member Secretary, Orissa
Water Supply & Sewerage Board (OWSSB), Bhubaneswar by
filing a representation dated 14.08.2023 under Annexure-7 for
payment of interest on delayed payment of gratuity under
Section-7(3-A) of the Payment of Gratuity Act, 1972. He further
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contended that no final decision has been taken on such prayer
of the Petitioner.
5. Learned Additional Government Advocate appearing for
the State-Opposite Parties, on the other hand, contended that
since the Petitioner has already approached the authority for
consideration of his grievance by filing representation under
Annexure-7 to the writ petition, he will have no objection in the
event a direction is given to the Opposite Party No.2 to consider
the grievance of the Petitioner under Annexure-7 to the writ
petition, if the same is still pending, strictly in accordance with
the rules within a stipulated period of time.
6. Considering the submissions made by the learned counsels
appearing for the respective parties and on a careful examination
of the background facts of the present case as well as the legal
position, this Court deems it proper to dispose of the writ
petition at the stage of admission by directing the Opposite Party
No.2 to consider the representation of the Petitioner under
Annexure-7 to the writ petition strictly in terms of the
Section-7(3-A) of the Payment of Gratuity Act, 1972 as well as
the judgment of this Court in W.P.(C) No.7460 of 2019 which
was disposed of by a common judgment dated 27.07.2021 and
eventually confirmed by the Division Bench of this Court in
W.A. No.877 of 2021 vide a common judgment dated
31.01.2022 and to dispose of the representation of the Petitioner
by passing a speaking and reasoned order within a period of six
weeks from the date of communication of a certified copy of this
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order. It is further made clear that in the event the Opposite
Parties come to a conclusion that the Petitioner is entitled to the
interest as per the law, then such interest amount be calculated,
sanctioned and disbursed in favour of the Petitioner 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
