Orissa High Court
Pramod Kumar Mohapatra vs State Of Odisha And Others on 9 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.14036 of 2023
Pramod Kumar Mohapatra .... Petitioner
Mr. Nihal Rath, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. T. Pattanaik.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 09.05.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner and learned
Additional Standing Counsel.
3. The Petitioner has filed the present writ application with the
following prayer:
"It is, therefore, most humbly prayed that this
Hon'ble Court may graciously be pleased to admit the
writ application, to issue Rule Nisi calling upon the
Opposite Parties to show cause as to why the prayers
made hereunder be not allowed. Upon showing
insufficient cause/no cause make the said Rule
absolute, Issue writ/writs in the nature of
& 2 to sanction and disburse the unutilized leave
salary of the Petitioner keeping in view the decision of
the learned Tribunal at Annexure-7 series and the
decision of Hon'ble Apex Court in the matter of State
of Jharkhand vrs. Jitendra Kumar Srivastava reported
in (2014) 2 SCC (L&S) 570 within a time to be
stipulated by Hon'ble Court;
And/or may pass such other writ/writs,
// 2 //
order/orders, direction/directions as this Hon'ble
Court may think fit and proper for the ends of justice."
4. It is submitted by the learned counsel for the Petitioner that
challenging the inaction of the authorities in releasing the unutilized
leave to the Petitioner, he has approached this Court. He further
contends that the issue involved in the present case has been directly
answered by the Hon'ble Supreme Court in State of Jharkhand &
others -v.-Jitendra Kumar Srivastava & another : reported in
(2013) 12 SCC 210. The judgment in the matter of State of
Jharkhand & others v.-Jitendra Kumar Srivastava & another has
also been followed by this Court in W.P.(C) No.3442 of 2016 (State
of Odisha-v.-Nirmal Ch. Satapathy) while upholding the direction
passed by the Orissa Administrative Tribunal.
5. Learned Additional Standing Counsel on the other hand
submits that since the Petitioner has not approached the authority,
the Petitioner be directed to approach the competent authority by
filing a representation and in the event such representation is filed,
the authority be directed to consider the representation in view of the
law laid down by this Court and the Hon'ble Supreme Court in State
of Jharkhand and others v. Jitendra Kumar Srivastava and another
within a stipulated period of time.
6. Considering the aforesaid submission and further keeping in
view the limited nature of grievance, the writ application is disposed
of, at the stage of admission, by directing the Petitioner to file a
comprehensive representation within a period of two weeks from
today along with judgment referred to herein above before Opposite
Party No.1. In the event such a representation is filed the Opposite
Party No.1 shall do well to consider the same keeping in view the
ratio of the judgment referred to above within a period of six weeks
// 3 //
from the date of filing of representation. The decision so taken shall
be communicated to the Petitioner within two weeks thereafter..
7. In the event, it is found that the Petitioner is entitled to get
unutilized leave salary then the same be released in his favour within
a period of four weeks from the date of taking the decision.
8. With the aforesaid observation, the writ application stands
disposed of.
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra )
Judge
Jagabandhu
JAGABAND Digitally signed by
JAGABANDHU BEHERA
HU BEHERA 20:03:38 +05'30'
Date: 2023.05.09
