Parbati Mahanta vs State Of Odisha And
2023 Latest Caselaw 15165 Ori

Orissa High Court

Parbati Mahanta vs State Of Odisha And on 28 November, 2023

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.(C) No.38487 of 2023

        Parbati Mahanta                     ....                    Petitioner
                                                    Mr. T.K. Nayak, Advocate

                                         -versus-
        State of Odisha and
        Others                              ....             Opposite Parties
                                                         Mr. S.K. Samal, AGA
                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                           ORDER

28.11.2023 Order No.

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

2. Heard learned counsel for the Petitioner and learned State Counsel for the Opposite Parties.

3. The Petitioner has filed the present Writ Petition with the following prayer: -

<It is therefore prayed that this Hon'ble Court may graciously be pleased to admit the writ application, call for the records, and after hearing the parties, issue writ in the nature of Mandamus or any other appropriate Writ(s)/Direction(s) directing the Opp. Parties to grant 3rd RACP/MACP benefits to the petitioner as per the Finance Department resolution dated 06.02.2013 read with the judgment of the learned Odisha Administrative Tribunal, Bhubaneswar passed in O.A. No.1668 of 2017 and confirmed by this Hon'ble Court in W.P.(C) No.6698 of 2020 and the Hon'ble Apex Court in SLP(c) No.15573 of 2020 as well as letter of the Director of Secondary Education dtd.14.07.2022 by computing the entire period of service // 2 //

rendered during the pre-taken over period w.e.f.

receiving of grant.=

4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a detailed representation before Opp. Party No.1 by enclosing all the relevant documents and citations in support of her claim, if any, within a period three weeks hence.

5. It is observed that if such a representation is filed within the aforesaid period, Opp. Party No.1 shall do well to take a lawful decision on the same in the light of the order passed in the case of Sarat Chandra Parida Vrs. State of Odisha, reported in 2015 (II) ILR-CUT-94 within a period of

three months from the date of receipt of such representation. The order so passed by the Opp. Party No.1 be communicated to the petitioner.

6. With the aforesaid observation and direction, the Writ Petition is disposed of.

(Biraja Prasanna Satapathy) Judge

Basudev

Designation: Senior Stenographer Reason: Authentication of order Location: High Court of Orissa, Cuttack Date: 29-Nov-2023 17:20:23