Snehalata Pradhan And vs State Of Odisha And
2023 Latest Caselaw 5127 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.(C) No.13502 of 2023

        Snehalata Pradhan and
        Others                               ....                   Petitioners
                                                     Mr. K.K. Swain, Advocate

                                          -versus-
        State of Odisha and
        Others                               ....               Opposite Parties
                                                              Mr. S. Rath, ASC

                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                            ORDER

04.05.2023 Order No.

01. 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 Petitioners have filed the present Writ Petition with the following prayer:-

<Under the above circumstances, it is humbly prayed that the writ petition may be allowed;

(A) A writ of mandamus or an appropriate writ may be issued commanding the opposite parties to grant the benefit of 3rd RACP to the petitioners on completion of 30 years of service of their late husband with effect from 01.01.2006 instead of 01.01.2013 and the differential arrears may be calculated and may be made paid to them keeping in view the judgment of the Hon'ble Apex Court rendered in the case of Union of India and others Vs. Balbir Singh Turn and another (Civil // 2 //

Appeal Diary No.3744 of 2016 disposed of on 08.12.2017 with batch of cases), within a time to be stipulated by this Hon'ble Court.

(B) And any other order/orders or direction/directions may be issued so as to give complete relief to the petitioners.=

4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioners to make a detailed representation before Opp. Party No.1 by enclosing all the relevant documents and citations in support of his claim, if any, within a period of three weeks hence.

5. It is observed that if such a representation is filed within the aforesaid period, Opp. Party No.1 shall do well to take a lawful decision on the same within a period of three months from the date of receipt of such representation. The order so passed by the Opp. Party No.1 be communicated to the petitioners.

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

(Biraja Prasanna Satapathy) Judge

Basudev

Signature Not Verified Digitally Signed Signed by: BASUDEV SWAIN Designation: Jr. Stenographer Reason: .

Location: High Court of Orissa, Cuttack Date: 05-May-2023 19:57:18