Minarani Mohanty vs State Of Odisha & Ors
2023 Latest Caselaw 7640 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                           W.P.(C) No. 14788 of 2023

        Minarani Mohanty                          ....                 Petitioner
                                                             Mr. P.K. Nayak 1, Advocate

                                                -versus-

        State of Odisha & Ors.                    ....                  Opposite Parties
                                                                     Mr. D. Nayak, AGA

                            CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                          ORDER

14.07.2023 Order No

04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard Mr. P.K. Nayak, learned counsel for the Petitioner and Mr. D. Nayak, learned Addl. Govt. Advocate appearing for the Opp. Parties.

3. The Petitioner has filed the present writ petition inter alia with the following prayer:-

"It is therefore humbly prayed that your Lordships may graciously be pleased to issue notice to the Opp. Parties calling upon them to show cause as to why the order under Annexure-1 (series), of the Opp. Party No-1 & 5 will not be quashed and why the Petitioner's case will not be considered for the Admission in to the opening of the GPF Account on the basis of Old GPF and Pension Rules, 1992, as per ratio decided by this Hon'ble Court in the Judgment dt.22.11.2017.passed in W.P.(C) No-9015/2014 and 5320/2014.If the Opp. Parties do not show any cause or show insufficient cause then your Lordships' may make the rule absolute by directing the Opp. Parties, specifically Opp. Party No-1 & 5, by quashing the orders under Annexure-1(series), and appropriate order may kindly be passed for the Admission of the Petitioner in to the opening // 2 //

of the GPF Account on the basis of Old GPF and Pension Rules, 1992, by considering the petitioner as the appointee of 1997, basing on the ratio decided by this Hon'ble Court in the Judgment dt.22.11.2017,passed in W.P.(C) No- 9015/2014 and 5320/2014,within a particular time as fixed by your Lordships, due to above said facts and circumstances, for the protection of law and also for the protection of natural justice.

And/Or

Any other order/orders, direction/directions as your Lordships may deem fit to be proper, can pass to save the petitioner from such harassments and also in the interest of justice."

4. It is contended that the claim of the Petitioner is squarely covered by the order passed on 22.11.2017 in W.P.(C) No. 9015 of 2014 and W.P.(C) No. 5320 of 2014 under Annexure-5.

5. On instruction learned Addl. Govt. Advocate also contended that the order at Annexure-5 has not been assailed by the State-Opp. Parties before the higher forum.

6. Having heard learned counsel appearing for the Parties and taking into account the submission made, this Court is inclined to quash the order at Annexure-1 and dispose of the present writ petition in the light of the Judgment passed by this Court on 22.11.2017 in W.P.(C) No. 9015 of 2014 and W.P.(C) No. 5320 of 2014.

7. The writ petition is disposed of accordingly.

Signature Not Verified (Biraja Prasanna Satapathy) Digitally Signed Signed by: SNEHANJALI PARIDA Designation: Jr. Stenographer Judge Reason: Authentication Sneha Location: High Court of Orissa, Cuttack Date: 17-Jul-2023 11:52:28