Citation : 2023 Latest Caselaw 7617 Ori
Judgement Date : 14 July, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.21696 of 2023
Biraj Mohan Mohanty .... Petitioner
Mr.S.B.Jena, Advocate
-versus-
State of Odisha .... Opposite Party
Mr.Saswat Das, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
Order No. ORDER
14.07.2023
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 Government Advocate. Perused the Writ Petition as well as the documents annexed thereto.
3. The Petitioner has filed the present Writ Petition with the following prayer:
" Under the aforesaid facts and circumstances of the case, it is therefore prayed that this Hon'ble Court may graciously be pleased to issue a writ of mandamus or any other appropriate writ/writs by directing the Opp.Parties to grant the Petitioner GPF, Final Pension, Gratuity, Unutilised Leave Salary and other retiral dues in favour of the Petitioner taking into consideration the judgment delivered by this Hon'ble Court in W.P.(C) No.14718 of 2015.
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And further be pleased to grant the Petitioner all consequential and service benefits.
Or pass such other order/orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
4. In course of hearing of the writ application, learned counsel for the Petitioner submits that the Petitioner ventilating his grievance has submitted representation before the Additional Chief Secretary, Forest and Environment Department, Odisha, sole Opposite Party under Annexure-3. It is also submitted by the learned counsel for the Petitioner that the said representation is pending as of now. It is also submitted by the learned counsel for the Petitioner that a direction be issued to the sole Opposite Party to consider the representation of the Petitioner under Annexure-3 within a stipulated period of time.
5. Learned Additional Government Advocate submits that he has no objection if the representation of the Petitioner is considered by the sole Opposite Party, which is stated to be pending, in accordance with law within a stipulated period of time.
6. Considering the limited nature of grievance of the Petitioner, the writ application is disposed of at the stage of admission with a direction to the sole Opposite Party to consider the representation of the Petitioner under Annexure-3 in accordance with law within a period of eight weeks from the date of production of certified copy of this order. Further, liberty is granted to the Petitioner to file any other document/judgment along with certified copy of this order before the sole Opposite Party. In such event the Opposite Party shall do well to consider the same in accordance with law and pass a speaking and reasoned order while disposing of the representation of the Petitioner, within a period of two months from the date of communication of the certified copy of this order. The decision so taken on the // 3 //
representation of the Petitioner be communicated to the Petitioner within two weeks thereafter.
7. With the aforesaid observation, the writ application stands disposed of.
8. Issue urgent certified copy of this order as per Rules.
RKS ( A.K. Mohapatra )
Judge
Signature Not Verified
Digitally Signed
Signed by: RAMESH KUMAR SINGH
Designation: Junior Stenographer
Reason: Authentication
Location: HIgh Court of Orissa
Date: 17-Jul-2023 15:52:50
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