Orissa High Court
Khirabdi Behera vs State Of Odisha &Others on 17 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.15973 of 2023
Khirabdi Behera .... Petitioner
Mr. C.S.Panda, Advocate
-versus-
State of Odisha &others .... Opposite Parties
Mr. A.Behera, A.S.C.
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 Standing Counsel for the State.
3. The present application has been filed 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 prayer made hereunder be not allowed, upon
showing insufficient cause/no cause make the said Rule
absolute, Issue writ/writs in the nature of
Mandamus directing the Opp.Party Nos.1 & 2 to sanction
and disburse the untilised 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. Hitendra Kumar Srivastava reported in (2014) 2
SCC ( L& S) 570 within a time to be stipulated by this Hon'ble
Court.
And/or may pass such other writ/writs, order/orders,
direction/directions as this Hon'ble Court may think fit and
// 2 //
proper for the ends of justice."
3. It is submitted by the learned counsel for the Petitioner that
similar benefits have been extended to the similarly situated persons
pursuant to an order passed by this Court in W.P.(C) No.3442 of 2016
disposed of on 28.022017 in the matter of State of Odisha and others-v-
Nirmal Ch.Satpathy. Learned counsel for the Petitioner further submits
that the Petitioner is similarly situated with Nirmal Ch. Satpathy,
therefore, the Petitioner is eligible to get the benefit. However, the
authority acted in an arbitrary manner and has not extended the same
benefit to the Petitioner.
4. Learned Additional Standing Counsel on the other hand submits
that let the petitioner approach the competent authority along with a
copy of the order in the aforesaid case. After examination if the
authority comes to a conclusion that the Petitioner is similarly situated
with Nirmal Chandra Satpathy, then he can also be extended the
similar benefit by the authority.
5. Having heard the contentions of the learned counsel for the
respective parties and upon perusal of the record, this Court disposes of
the writ application at the stage of admission with a direction that the
Petitioner shall approach the Opposite Party No.1 by filing a fresh
representation along with all supporting documents and a copy of the
judgment of this Court in W.P.(C) No.3442 of 2016 and in the event
such a representation is filed the same shall be considered in the light of
the law laid down in the aforesaid judgment and the same shall be
disposed of by passing a speaking and reasoned order within a period
of two months. In the event it is found that the Petitioner is entitled to
get similar benefit then the same shall be released in favour of the
Petitioner within a period of three months from the date of filing of
representation.
// 3 //
6. With the aforesaid observation, the writ application stands
disposed of.
7. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
RKS
Signature Not Verified
Digitally Signed
Signed by: RAMESH KUMAR SINGH
Designation: Ex-A.R.-cum-Sr. Secretary
Reason: Authentication
Location: High Court of Orissa
Date: 21-May-2023 09:17:55
