Orissa High Court
Executive Engineer vs Gouri Shankar Mohanty & Ors on 2 February, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 15153 of 2019
Executive Engineer, Electrical, ..... Petitioners
Central Electrical Division,
TPNODL, Balasore & Anr.
Mr. S.Pattanayak, Advocate
Vs.
Gouri Shankar Mohanty & Ors. ..... Opposite Parties
Ms. S.Mohapatra, Advocate
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
02.02.2023
I.A. No.47 of 2023
Order No. This matter is taken up through hybrid mode.
07.
2. The I.A. has been filed for amendment of the cause title as
detailed in the schedule of amendment.
3. Prayer being formal in nature, so also in view of the
averments made in the I.A., the same is allowed.
4. Amended cause title of the Writ Petition be filed within a
week after serving copy of the same on the learned Counsel for the
Opposite Parties.
5. Accordingly, I.A. stands disposed of.
(S.K. MISHRA)
JUDGE
Order No. W.P.(C) No.15153 of 2019
08.
1. Pursuant to Order dated 09.01.2023, after taking instruction,
learned Counsel for the Petitioners submits that one of the impugned
orders/judgments was passed on 26.09.2018 by the Controlling
Authority. Against the said judgment, an appeal was preferred
before the Appellate Authority under the P.G. Act. As no deposit
had been made before the Controlling Authority or before the
Appellate Authority at the time of preferring the said Appeal, an
Order was passed on 07.02.2019 by the Appellate Authority under
the Payment of Gratuity Act, directing the present Petitioner to
deposit the awarded amount within a period of 7 days and produce
the money receipt before the said Court. It was further ordered that
the said money, if deposited, should not be disbursed to the present
Opposite Party No.1 before finalization of the Appeal.
2. He further submits that in obedience to the said Order passed
by the Appellate Authority, the awarded amount was deposited with
the Controlling Authority on 01.03.2019. Thereafter the appeal was
heard and decided on 22.07.2019 vide which the order/judgment
passed by the Controlling Authority was confirmed.
3. He submits that being aggrieved by both the said judgments
passed by the Controlling Authority as well as Appellate Authority
the present Writ Petition was preferred on 22.08.2019 and request
was made to the Controlling Authority not to disburse the deposited
amount in favour of the Opposite Party No.1 and time was also
extended by the Controlling Authority from time to time. However,
as was ascertained recently on the basis of submission made by the
learned Counsel for the Opposite Party No.1, the said awarded
amount has already been disbursed in favour of the Opposite Party
No.1 by the Controlling Authority-present Opposite Party No.2 on
21.10.2019.
4. Learned Counsel for the Petitioners prays for ten days time to
file an Additional Affidavit with supported documents to
substantiate his submission.
5. Prayer for time is allowed.
6. Additional Affidavit, as prayed for, be filed by 15th February,
2023 after serving copy of the same on learned Counsel for the
contesting Opposite Party No.1, so also learned Counsel for the
State.
7. Learned Counsel for the Petitioners also undertakes to file the
relevant Rules, so also Resolution of the Board pertaining to
Payment of Gratuity along with the said Additional Affidavit.
8. He also submits that this Writ Petition is identical to W.P.(C)
Nos.15154, 15155 & 15156, all of 2019.
9. Matter be listed on 20th February, 2023 along with the said
Writ Petitions under the heading "For Orders".
(S.K. MISHRA)
JUDGE
Banita
