Orissa High Court
Sujana Rout vs State Of Odisha And Others on 18 July, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.20813 of 2023
Sujana Rout .... Petitioner
Mr. R.N. Nayak, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. A.Pr. Das. A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 18.07.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the petitioner as well as learned
counsel for the State. Perused the writ petition as well as documents
annexed thereto.
3. The present writ petition has been filed by the petitioner with
the following prayers:
"It is therefore prayed that this Hon'ble Court may
graciously be pleased to issue a writ of mandamus or
any other writ directing the opposite parties particularly
to the Opposite Party No.1 and Opposite Party No.2;
i. To release the statutory interest @ 7% for
the delayed payment of Gratuity amount of
Rs.10,46,826/- for the period from
01.11.2017 (admissible due date) to
22.02.2022 (date of actual release of
gratuity vide Annexure-4);
ii. To release the settled admissible interest
// 2 //
@9% on the unpaid pension of
Rs.4,43,014/- for the period from
01.11.2016 (admissible due date) to
22.02.2022 (date of actual release of
pension vide Anenxure-4)'
iii. To release the settled admissible interest
@9% on the unpaid unutilized leave salary
for the period from 01.11.2016 (due date) to
15.09.2021 (date of actual release of the
unutilized leave salary vide Annexure-7);
iv. And to pass nay other order/orders, issue
any other direction/directions as this
Hon'ble Court may deem fit and proper for
ends of justice."
4. In course of hearing, it is submitted by the learned counsel for
the Petitioner that the Petitioner wants to make a fresh
representation before the authority concerned with a direction from
this Court to the authority to consider the case of the Petitioner
within a stipulated period of time.
5. Learned counsel for the State, on the other hand, submits that
he has no objection if the Petitioner is permitted to file a fresh
representation before the authority concerned with a direction to the
authority concerned to consider the representation of the Petitioner
in accordance with law within the stipulated period of time.
6. Considering the submissions made by learned counsels for the
respective parties, on careful consideration the background of the fact
of the petitioner, this Court deems it proper to dispose of the writ
petition by directing the petitioner to file a fresh representation
ventilating her grievances along with certified copy of this order
before the Commissioner-cum-Secretary to Government, Health and
Family Welfare Department, Bhubaneswar-Opposite Party No.1
// 3 //
within two weeks days from today. In the event such a representation
is filed within the aforesaid period, the Opposite Party No.1 shall do
well to consider and dispose of the same in accordance with law
within a period of two months from the date of receipt of the
representation taking into consideration under Annexures-5 and 6 as
well as judgment of the Hon'ble Supreme in the case of D.D.
Tewari(D) Thr. L.Rs. vrs. Uttar Haryana Bijli vitran Nigam Ltd. :
reported in 2015(I) OLR (SC)-81 and the same shall be considered
and disposed of by passing a speaking and reasoned order within the
aforesaid time stipulated. Decision so taken on the same shall be
communicated to the Petitioner within a period of one week
thereafter.
7. With the aforesaid observation/direction, the writ petition is
disposed of.
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra)
Judge
Jagabandhu
Signature Not Verified
Digitally Signed
Signed by: JAGABANDHU BEHERA
Designation: Secretary-in-Charge
Reason: Authentication
Location: OHC, CUTTACK
Date: 19-Jul-2023 19:01:48
