Prafulla Kumar Mallik vs State Of Odisha And Others
2023 Latest Caselaw 7638 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                W.P.(C) No.21501 of 2023


                 Prafulla Kumar Mallik                    ....          Petitioners
                                                          Mr. M.R.Padhi, Advocate

                                              -versus-

                 State of Odisha and others                ....         Opp. Parties
                                                         Mr. Iswar Mohanty, A.S.C..


                             CORAM:
                            JUSTICE A.K. MOHAPATRA
                                        ORDER

Order No.                              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 the learned Additional Standing Counsel for the State. Perused the Writ Petition as well as the documents annexed thereto.

3. The present Writ Petition has been filed with the following prayer:

" The Petitioner, therefore, most humbly prays that your Lordship may graciously be pleased to issue Rue NISI calling upon the Opp.Parties to show cause as to why the impugned order dated 30.06.2023 at Annexure-8 shall not be quashed and as to why the Opp.Parties should not be directed to sanction unutilized leave salary for 300 days with interest in favour of the Petitioner.

And issue any other order/orders s this Hon'ble Court deem fit and proper."

4. Learned counsel for the Petitioner submitted that being // 2 //

aggrieved by the conduct of the Opposite Parties in rejecting his prayer for sanction and disbursal of unutilized leave salary vide order dated 30.06.2023 under Annexurre-8, the Petitioner has approached this Court by filing the present Writ Petitioner. Learned counsel for the Petitioner further contended that there is no bar in law for grant of unutilized leave salary as has been held by this Court as well as the Hon'ble Supreme Court. Further, referring to the judgment of the Hon'ble Supreme Court in State of Jharkhand and others-v.- Jitendra Kumar Srivastava and others in Civil Appeal No.6770 of 2013 decided on 14.08.2013 which has been annexed as Annexure-9 to the Writ Petition. Learned counsel for the Petitioner submitted that the Petitioner is entitled to the unutilized leave salary even during the pendency of the Departmental Proceeding/criminal proceeding. Learned counsel for the Petitioner further submitted that the other departments of the Government have been disbursing the unutilized leave salary in respect of the Government employees who are facing Department/criminal proceeding while not releasing the other service benefit which are prohibited by Rules.

5. Learned Additional Standing Counsel on the other hand submitted that while the prayer of the Petitioner was considered the Petitioner never cited the judgment in Jitendra Kumar Srivastava (supra). Accordingly, the authority has considered the case of the Petitioner on its own merit and has come to the conclusion that the Petitioner is not entitled to unutilized leave salary during the pendency of Departmental/criminal proceeding. In the event the Petitioner files the copy of the judgment in Jitendra Kumar Srivastava (supra) before the authority in that event the authority be directed to consider the same in accordance with law and he has no // 3 //

objection to the same.

6. Having heard learned counsel for the respective parties and having considered the documents and keeping in view the law laid down by the Hon'ble Supreme Court in Jitendra Kumar Srivastava and others (supra), this Court deems it proper to dispose of the Writ Petition at the sage of admission by setting aside the order dated 30.06.2023 under Annexure-8. Further, the matter is remanded to Opposite Party No.1 to reconsider the case of the Petitioner keeping in view the law laid down by the Hon'ble Supreme Court in State of Jharkhand and others-v.Jitendra Kumar Srivastava and others and pass orders within a period of six weeks from the date of communication of the certified copy of this order. The decision so taken be communicated to the Petitioner within a period of two weeks thereafter.

7. With the aforesaid observation the Writ Petition stands disposed of.

8. Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra) Judge RKS

Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: Junior Stenographer Reason: Authentication Location: HIgh Court of Orissa Date: 17-Jul-2023 15:52:49