Parthba Bhainsal vs State Of Odisha & Others
2023 Latest Caselaw 6289 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                W.P.(C) No.14603 of 2023
                 Parthba Bhainsal                     ....            Petitioner
                                                   Ms. S. Mohapatra, Advocate
                                            -versus-
                 State of Odisha & others             ....     Opposite Parties
                                                       Mr. Saswat Das, A.G.A.

                                         CORAM:

                            JUSTICE A.K. MOHAPATRA

                                           ORDER

Order No.                                 17.05.2023
    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel for the Petitioner as well as learned Additional Government Advocate for the State-Opposite Parties.

3. The Petitioner has filed the present writ application with the following prayer:

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

i) direct/order the State Opp. Parties to include the Petitioner in G.P.F.(O) Rules, as the date of engagement of the Petitioner is prior to the year 2005 in terms of Annexure-2 of this Writ Petition for the interest of justice;

ii) Pass such other order(s) or issue direction(s) as may be deemed fit and proper in the bona fide interest of justice."

4. In course of hearing of the writ application, learned counsel for the Petitioner submits that the Petitioner ventilating his grievance has submitted representation before the Engineer-in-Chief, Water Resources, Odisha, Bhubaneswar-Opposite Party No.2 on 12.01.2023 under Annexure-4 Series. It is also submitted by the learned counsel // 2 //

for the Petitioner that the said representation is pending as of now. It is also submitted by the learned counsel for the Petitioner that a direction be issued to the Opposite Party No.2 to consider the representation of the Petitioner under Annexure-4 Series within a stipulated period of time. It is further submitted by the learned counsel for the Petitioner that although the case of the Petitioner is covered by the Judgment in Sk. Abdul Motalib -v.- State of Odisha and another (W.P.(C) No.32200 of 2022, decided on 04.01.2023), however, the authorities are not applying the principle in Sk.Abdul Motalib's case (supra) on the ground that the Petitioner in that case was retired form service.

5. Learned Additional Standing Counsel submits that he has no objection if the representation of the Petitioner is considered by the Opposite Party No.2, which is stated to be pending, in accordance with law within a stipulated period of time.

6. Considering the limited nature of grievance of the Petitioner, the writ application is disposed of at the stage of admission with a direction to the Opposite Party No.2 to consider the representation of the Petitioner under Annexure-4 Series taking into consideration Annexures-2 & 3 and a decision of this Court in Sk.Abdul Motalib's case (supra) within a period of two months from the date of production of certified copy of this order. The Opposite Party No.2 shall do well to dispose of the representation of the Petitioner under Annexure-4 Series by passing a speaking and reasoned order. Taking into consideration the submissions made by the learned counsel for the Petitioner, it is clarified that the principle in Sk.Abdul Motalib's case (supra) shall also apply to the cases of the employees, who are still in service.

7. With the aforesaid observation, the writ application stands // 3 //

disposed of.

8. Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra ) Judge Debasis

Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Designation: PA Reason: Authentication Location: OHC CUTTACK Date: 21-May-2023 18:04:27