Bailochan Dishiri And vs State Of Odisha And
2023 Latest Caselaw 5231 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.(C) No.13501 of 2023

        Bailochan Dishiri and
        Others                              ....                   Petitioners
                                                    Mr. K.K. Swain, Advocate

                                         -versus-
        State of Odisha and
        Others                              ....                  Opposite Party
                                                               Mr. S. Rath, ASC
                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                           ORDER

05.05.2023 Order No.

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

2. Heard learned counsel for the 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 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 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;

// 2 //

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

4. Learned counsel for the Petitioners submits that through highlighting their grievances, the petitioners have filed a representation vide Annexure-3 to the Writ Petition, but till date nothing has been done in the matter. In such background, they pray that a direction be issued to opposite party No.1 to take a decision on the above noted petition within a specific time period.

5. Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs opposite party no.1 to take a decision on the above noted petition in accordance with law, within a period of three months from the date of production of certified copy of this order and communicate the result of such exercise to the petitioner.

6. The Writ Petition is disposed of accordingly.

(Biraja Prasanna Satapathy) Judge

Basudev

Signature Not Verified Digitally Signed Signed by: BASUDEV SWAIN Designation: Jr. Stenographer Reason: Authentication of order Location: High Court of Orissa, Cuttack Date: 10-May-2023 19:26:29