Hrudananda Patel vs State Of Odisha & Ors
2023 Latest Caselaw 5839 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.(C) No. 26691 of 2022

        Hrudananda Patel                        ....                 Petitioner
                                                           Mr. A.K. Chhatoi, Advocate

                                              -versus-

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

                            CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                        ORDER

12.05.2023 Order No

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

2. Heard learned counsel appearing for the Parties.

3. This writ petition has been filed with the following prayer:-

"In view of the facts stated above the Petitioner prays that this Hon'ble Court may graciously be pleased to issue a writ in the nature of writ of mandamus or any other appropriate writ/writs, direction/directions, order/orders. quashing the modification order dtd.11.08.2021 under Annexure-8. the consequential recovery of the excess amount of Rs.98.133/- from the gratuity payment order pursuant to letter dtd.11.08.2021 of the DEO, Sundargarh under annexure-7 declaring the same to be illegal and direct the Opp. Parties to refund deducted amount of Rs.98,133/- in favour of the petitioner within a stipulated period.

And direct the Opp. Parties to grant RACP and MACP benefits as per the earlier sanction orders dtd.02.02.2015 & 03.10.2018 under Annexure-4 and 5 respectively and to continue the pension accordingly.

And further be pleased to issue pass any other order/orders as the Hon'ble Court deems fit and proper.

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

4. Learned counsel for both the parties agreed that the issue involved in this writ petition is analogues to one involved in O.A. No. 1668 of 2017 (Ashok Kumar Mohapatra v. State of Orissa), which was disposed of by the Odisha Administrative Tribunal vide judgment dated 09.10.2018 and confirmed by this Court in WP(C) No. 6698 of 2020 and further confirmed by the apex Court in SLP(C) No. 15573 of 2020.

5. In view of the above and considering the limited prayer to consider the case of the petitioner in the light of the judgment rendered in Ashok Kumar Mohapatra (supra), this writ petition stands disposed of directing the competent authority to dispose of the case of the petitioner applying the decision rendered in the case of Ashok Kumar Mohapatra (supra) by undertaking the entire exercise within a period of two months from the date of communication of the order.

6. The writ petition is disposed of accordingly.

(Biraja Prasanna Satapathy) Judge Sneha

Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Designation: Jr. Stenographer Reason: Authentication Location: Cuttack Date: 15-May-2023 19:42:20