Orissa High Court
Prasanta Kumar Patra vs State Of Odisha & Others .... Opposite ... on 11 December, 2023
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.33875 of 2023
Prasanta Kumar Patra .... Petitioner
Mr. Ashok Mohanty, Senior Advocate
-versus-
State of Odisha & others .... Opposite Parties
Mr. N. Pratap, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 11.12.2023
03. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard Mr. Ashok Mohanty, learned Senior counsel for the
Petitioner as well as learned Additional Standing 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 prayer :
"The petitioner prays that under the circumstances
stated above your Lordships would graciously be pleased to
admit the writ application and issue Rule Nisi calling upon the
Opp. Parties as to why the petitioner shall not be paid with all
service benefits by treating the termination period between
04/09/2017 to 22/03/2023 as duty period and shall not be paid
the consequential salary with all increments and shall not be
promoted to higher post from the date from which his
immediate juniors have been promoted.
AND if the Opp. Parties fail to show cause or show
insufficient cause to make the said Rule absolute by issuing a
writ of nature of mandamus and/or any other writ/writs.
Issue any appropriate order/orders deemed fit in the
fact and circumstances of the case."
4. It is submitted by Mr. Ashok Mohanty, learned Senior Counsel
appearing for the petitioner that the Petitioner while working as
// 2 //
Assistant Engineer in R & B Section, Aska under Bhanjanagar was
dismissed from service vide Works Department letter dated 04.09.2017
due to conviction of the Petitioner in Vigilance P.S. Case No.30 of 2005
corresponding to T.R. Case No.8 of 2013 by the Special Judge
(Vigilance) Phulbani, Kandhamal vide order of conviction dated
13.12.2016. Thereafter, the Petitioner preferred a Criminal appeal
bearing CRLA No.687 of 2016 before this Court. A Coordinate Bench
of this Court vide judgment dated 18.04.2022 allowed the appeal and
the Petitioner was acquitted of all charges.
5. Learned Senior counsel for the petitioner further contended
that after acquittal in the criminal case the Petitioner has approached
the opposite Parties for reinstatement in service. The opposite Parties
after taking into consideration the aforesaid development vide order
dated 20.03.2023 under Annexure-2 to the writ application, are
reinstated the Petitioner in service. The sole grievance of the
Petitioner in the present writ application despite such reinstatement in
service, the Petitioner is not getting his admissible dues both current
and arrear. In the aforesaid context, learned Senior Counsel for the
Petitioner submitted that the Petitioner has already approached the
Opposite Party No.1 by filing a detailed representation on 28.03.2023
under Annexure-3 to the writ application. However, no decision has
been taken as of now.
6. Learned Additional Standing Counsel, on the other hand
contended that since the Petitioner has already approached the
competent authority in the matter and decision is pending, he will have
no objection in the event this Court disposes of the writ application by
directing the Opposite Party No.1 to consider the representation of the
Petitioner strictly in accordance with law within a stipulated period of
time.
7. Considering the submissions made by the learned counsels
// 3 //
appearing for the respective parties and on a careful examination of the
background facts of the present case as well as keeping in view the
limited nature of the grievance, this Court deems it proper to dispose of
the writ application at the stage of admission by directing the Opposite
Party No.1 to consider the representation of the Petitioner dated
28.03.2023 under Annexure-3 to the writ application strictly in
accordance with law and dispose of the same by passing a speaking and
reasoned order within a period of six weeks from the date of
communication of a certified copy of this order by the Petitioner. It is
further made clear that in the event, the Opposite Party No.1 comes to a
conclusion that the Petitioner is entitled to get the financial and other
benefits as has been claimed by the Petitioner, then such benefits be
calculated, sanctioned and disbursed in favour of the petitioner within
the aforesaid six weeks time period from the date of taking such a
decision if there is no other legal impediment. The final decision so
taken be communicated to Petitioner within two weeks thereafter.
8. With the aforesaid observations/ directions, the writ
application stands disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 13-Dec-2023 15:21:33
