Sasmita Mangaraj & Ors vs State Of Odisha & Ors
2023 Latest Caselaw 5744 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.(C) No. 14768 of 2023

        Sasmita Mangaraj & Ors.                 ....                  Petitioners
                                                               Mr. S. Rath, Advocate

                                              -versus-

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

                            CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                       ORDER

11.05.2023 Order No

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

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

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

"Under the aforesaid facts and circumstances, of the case it is therefore, prayed that this Hon'ble Court may graciously be pleased to:

(i) direct / order the Opp. Party No.1 to grant benefit(s) of past service like continuance in service and notional pay fixation to the Petitioners taking into account their dates of joining as mentioned in the Order No XVI-HE-37/2016 18066/HE, dated 03.07.2016;

(ii) direct/order the State Opp. Parties to comply the Order of the Hon'ble Single Judge, passed in W.P.(C)(OAC) No.1074/2017 and W.A. No.936/2021, within a stipulated period in favour of the Petitioners;

(iii) pass such other order(s) or issue direction(s) as may be deemed fit and proper in the bona fide interest of justice;

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

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4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioners to make a individual representations before Opp. Party No.1 by enclosing all the relevant documents and citations in support of their claim, if any, within a period of three (3) weeks hence.

5. It is observed that if such representations are 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 (3) months from the date of receipt of such representation. Opp. Party No. 1 is directed to take a decision following the order passed by this Court in the case of Niranjan Das & Ors. Vs. State of Odisha & Ors. vide Judgment dtd.07.10.2021 so confirmed by the Division Bench of this Court in Writ Appeal No. 936 of 2021. 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 Sneha

Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Designation: Jr. Stenographer Reason: Authentication Location: Cuttack Date: 13-May-2023 14:46:30