Narendra Barik vs State Of Odisha & Others
2023 Latest Caselaw 6596 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  W.P.(C) No.16403 of 2023
                 Narendra Barik                            ....            Petitioner
                                                          Mr. P.K. Sahoo, Advocate
                                              -versus-
                 State of Odisha & others                  ....        Opp. Parties
                                                           Mr. Saswat Das, A.G.A.
                              CORAM:
                             JUSTICE A.K. MOHAPATRA
                                         ORDER

Order No.                               19.05.2023

    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 appearing for the State-Opposite Parties.

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

"In view of the aforesaid facts and circumstances of the case, this Hon'ble Court may graciously be pleased to;

i) to allow this writ petition.

ii) to quash the order No.7150 dated 15.03.2023 as at Annexure-10.

iii) to direct the opposite parties to revise the pension and other retiral dues of the petitioner taking into account the period of service rendered under NMR establishment from 01.02.1981 to 21.06.2001 as qualifying service along with the period of service rendered under regular/wages establishment as per the ratio decided in the case of Harbans Lal vrs. State of Panjab and others under Annexure-6 and 7.

iv) to direct the opposite parties to pay the arrear financial benefits with interest.

v) And pass such other order/orders as may be deemed fit and proper for the interest of justice."

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4. It is submitted by learned counsel for the Petitioner that earlier the Petitioner had approached this Court by filing W.P.(C) No.1708 of 2023 which was disposed of vide order dated 25th January, 2023 with a direction to the Opposite Party No.1 to consider the representation of the Petitioner under Annexure-8 to the writ petition taking into consideration Annexures-4 series, 6 & 7 , 5, 6 and 7 to the said writ petition in accordance with law within a period of two months. It is further contended by the learned counsel for the Petitioner that after considering the representation of the Petitioner, the Opposite Party No.1 vide order dated 15.03.2023 has rejected the representation of the Petitioner on the grounds stated therein. Learned counsel for the Petitioner at this juncture submitted that this Court has delivered a detailed judgment involving an identical issue, however, the said decision was not available when the matter was considered by the Opposite Party No.1 and disposed of vide order dated 15.03.2023. In such view of the matter, learned counsel for the Petitioner submitted that the impugned order be set aside and the Opposite Party No.1 be directed to consider the matter in the light of the judgment delivered by this Court involving an identical issue within a stipulated period of time.

5. Learned Additional Standing Counsel appearing for the State- Opposite Parties, on the other hand, submitted that pursuant to the order passed in the earlier writ petition, the representation of the Petitioner has already been disposed of by a reasoned and speaking order. Therefore, there is no necessity to reconsider the matter. However, he further contended that in the event the Opposite Party No.1 is directed to reconsider the matter in view of the latest judgment of this Court involving the identical issue, he has no objection to the same and the same shall be complied with as would be directed by this Court.

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6. Considering the submission made by the learned counsel for the respective parties and upon a careful consideration of the factual background of the present case and keeping in view the law laid down by this Court in the case of Rabindra Kumar Jena v. State of Odisha and others (W.P.(C) No.36009 of 2021 and batch, decided on 07.12.2022), this Court disposes of the writ petition at the stage of admission by setting aside the impugned order dated 15.03.2023 under Annexure-10. Further, the matter is remanded back to the Opposite Party No.1 to reconsider the entire issue by taking into consideration the judgment of this Court in the case of Rabindra Kumar Jena (supra) and shall take a final decision in the matter within a period of eight weeks from the date of production of certified copy of this order. The decision so taken thereon shall be communicated to the Petitioner within two weeks thereafter.

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

( 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 09:55:00