Kishore Kumar Panigrahi vs State Of Odisha & Ors
2023 Latest Caselaw 8091 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK

                           W.P.(C) No. 16501 of 2022

         Kishore Kumar Panigrahi                ....                Petitioner
                                                         Mr. D.K. Mohapatra, Advocate

                                              -versus-

         State of Odisha & Ors.                 ....              Opposite Parties
                                                              Mr. B. Panigrahi, ASC

                                 CORAM:
                    JUSTICE BIRAJA PRASANNA SATAPATHY

                                        ORDER

24.07.2023 Order No

02. I.A. No. 5830 of 2023

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

2. Heard Mr. B. Behera, learned counsel appearing on behalf of Mr. D.K. Mohapatra, learned counsel for the Petitioner.

3. This application has been filed seeking amendment of the cause title.

4. Considering the grounds taken, the prayer for amendment is allowed. Consolidated copy of the cause title filed in Court today be placed in the appropriate place.

5. I.A. is disposed of.

(Biraja Prasanna Satapathy) Judge

P.T.O.

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03. W.P.(C) No. 16501 of 2022

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

2. Heard learned counsel for the Petitioner and learned counsel for the Opposite Parties.

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

"i) Admit the writ application;

ii) Call for the records;

iii) Issue a writ of Mandamus directing the opposite parties to sanction and release the pension and pensioners benefits of the petitioner within a reasonable time to be stipulated by this Hon'ble Court in the light of the judgment passed by the Hon'ble Court in case of Sarat Chandra Parida-vrs-State of Odisha, reported in 2015(II) ILR- CUT-94.

iv) And/or pass such other order/orders, direction/directions as this Hon'ble Court may think fit and proper for the ends of justice;

And for this act of kindness the petitioner as in duty bound shall ever pray."

4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a detailed representation before Opp. Party No.2 by enclosing all the relevant documents and citations in support of his claim, if any, within a period of three (3) weeks hence.

5. It is observed that if such a representation is filed within the aforesaid period, Opp. Party No.2 shall do well to take a lawful decision on the same in the light of the order passed by this Court in the case of Sarat Chandra Parida v. State of Odisha, 2015 (II)

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ILR-CUT-94 within a period of three (3) months from the date of receipt of such representation. The order so passed by the Opp. Party No.2 be communicated to the petitioner.

6. With the aforesaid observation and direction, the Writ Petition is disposed of.

(Biraja Prasanna Satapathy) Judge Sneha

Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 25-Jul-2023 11:09:23