Ratnakar Padhi vs State Of Odisha And Andother
2023 Latest Caselaw 6463 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  W.P.(C) No.15970 of 2023

                 Ratnakar Padhi                       ....           Petitioner
                                                Mr. K.C. Mohapatra, Advocate
                                           -versus-
                 State of Odisha and andother         ....     Opposite Parties
                                                       Mr. I. Mohanty, A.S.C.
                                      CORAM:
                             JUSTICE A.K. MOHAPATRA

                                             ORDER

Order No.                                   18.05.2023
    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel for the petitioner as well as learned counsel for the State. Perused the writ petition as well as documents annexed thereto.

3. The present writ petition has been filed by the petitioner with the following prayers:

"It is therefore most respectfully prayed that this Hon'ble Court may be graciously pleased to admit the writ petition;

And issue of an appropriate writ, order(s)/direction(s) to direct the Opposite Party No.1 direct the Opposite Party No.1 to release the arrear pensionary dues in favour of the petitioner since day he enter 80 years age and further direct the opposite party No.1 to re-fix his pension as per established principle of law.

And further be pleased to pass any other order9s), direction(s), writ(s) as deem fit and proper;"

4. It is submitted by learned counsel for the petitioner that although the petitioner has filed representation under Annexure-4 before the Secretary, Department of Home, Bhubaneswar-Opposite Party No.1, the // 2 //

same is still pending before the said Opposite party and the said Opposite Party has not taken any decision as of now.

5. Learned counsel for the Opposite Party, on the other hand, submits that he has no objection, if a direction is given to the Secretary, Department of Home, Bhubaneswar-Opposite Party No.1 to consider the representation of the petitioner in accordance with law within a stipulated period of time.

6. Considering the submissions made, the limited nature of grievance involved in the present writ petition, keeping in view the case of the petitioner, this Court deems it proper to dispose of the writ petition at the stage of admission with a direction to the Secretary, Department of Home, Bhubaneswar-Opposite Party No.1 to consider the representation of the petitioner under Annexure-4 in accordance with law taking into consideration the judgment of the Hon'ble Supreme Court of India in the case of Union of India and others vrs. Virendra Dutt Gyani in Special Leave Petition (Civil) Diary No.18133 of 2019 disposed of on 08.07.2019 as well as keeping in view the judgment of Gauhati High Court relied upon by the petitioner within a period of four weeks from the date of production of certified copy of this order. It is needless to mention here that the representation of the petitioner shall be considered and disposed of by passing a speaking and reasoned order. Decision so taken on the said representation shall be communicated to the petitioner within a period of two weeks thereafter.

7. With the aforesaid observation/direction, the writ petition is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra ) Judge Jagabandhu // 3 //

Signature Not Verified Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Secretary-in-Charge Reason: Authentication Location: OHC, CUTTACK Date: 20-May-2023 11:24:54