Dr. Dibakar Panigrahy & Anr vs State Of Odisha & Ors
2023 Latest Caselaw 13602 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                             W.P.(C) No.4213 of 2021

        Dr. Dibakar Panigrahy & Anr.        ....                 Petitioners
                                                       Mr. S.S. Mohanty, Advocate

                                             -versus-

        State of Odisha & ors.              ....               Opposite Parties
                                                         Mr. H.K. Panigrahi, ASC
                                                        Mr. A. Mishra, Advocate
                                                        (Opp. Party Nos. 2 & 3)

                            CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                      ORDER

02.11.2023 Order No

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

2. Consolidated copy of the writ petition filed in Court be kept in record.

3. Heard Mr. S.S. Mohanty, learned counsel for the Petitioners, Mr. H.K. Panigrahi, learned Addl. Standing Counsel appearing for the State and Mr. A. Mishra, learned counsel appearing for the Opp. Party Nos. 2 & 3.

4. The Petitioners have filed the present writ petition inter alia challenging the order dtd.15.10.2020 so passed by Opp. Party No. 1 and order dtd.22.10.2020 passed by the Opp. Party No. 2 under Annexure-9 & 10 respectively. Vide the impugned order, the claim of the Petitioner to come under the pension and General Provident Fund (GPF) Scheme was rejected.

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5. Learned counsel for the Petitioners contended that similar issue has been decided by this Court in its Judgment dtd.03.08.2023 in W.P.(C) No. 14751 of 2015. It is accordingly contended that the present writ petition be disposed of in the light of the Judgment so passed on 03.08.2023.

6. Learned counsel appearing for the University-Opp. Party No. 2 on the other hand contended that the facts of the present case is different from the issue decided by this Court on 03.08.2023 in W.P.(C) No. 14751 of 2015 and the Petitioners' claim is not covered by the Judgment dtd.03.08.2023.

7. Having heard learned counsel appearing for the Parties and after going through the materials available on record, this Court finds that the issue involved in the present case is completely covered by the Judgment dtd.03.08.2023 so passed by this Court in W.P.(C) No. 14751 of 2015. Accordingly, while quashing the order at Annexure-9 & 10, this Court dispose of the writ petition in the light of the Judgment dtd.03.08.2023 so passed in W.P.(C) No. 14751 of 2015.

8. The writ petition is disposed of accordingly.

(Biraja Prasanna Satapathy) Judge Sneha

Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 03-Nov-2023 17:56:54