Jay Chandra Mahanta vs State Of Odisha & Others ..... Opposite ...
2023 Latest Caselaw 15175 Ori

Orissa High Court

Jay Chandra Mahanta vs State Of Odisha & Others ..... Opposite ... on 28 November, 2023

Author: Murahari Sri Raman

Bench: Murahari Sri Raman

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                       WPC(OAC) No.2758 of 2016

Jay Chandra Mahanta                 .....                                  Petitioner
                                                                              None
                                    Vs.
State of Odisha & Others            .....                         Opposite Parties

                                                          Mr. S.N. Nayak, ASC

            CORAM:
                MR. JUSTICE MURAHARI SRI RAMAN

                                           ORDER

28.11.2023

Order No. This matter is taken up through hybrid mode.

06.

2. None appears for the Petitioner at the time of call.

3. Heard Mr. S.N. Nayak, learned Additional Standing Counsel appearing for the State-Opposite Parties.

4. The Petitioner has approached the learned Odisha Administrative Tribunal with the following prayer:-

"(i) To direct the Respondents more particularly Respondents No.1 and 2 to regularize the service of the petitioner and pay his pension, gratuity and all other service benefits within a specific time;

(ii) To direct the Respondent No.1 to 3 to regularize all his periodical increments as due and admissible during his period of suspension;

(iii) To pass any other order/orders, directions as would be deemed fit and proper which would give complete relief to the applicant."

5. Perusal of record. It appears that having joined as Agriculture Overseer on 30.10.1973 in the Office of Deputy Director of Agriculture, Sundergarh, the Petitioner had got promotion to the post of Junior Agriculture Officer and posted in the office of Deputy Director of Agriculture, Sambalpur.

6. Mr. S.N. Nayak, learned Additional Standing Counsel appearing for the State-Opposite Parties submitted that the Petitioner was acquitted by the judgment dated 30.04.2004 of the Special Judge (Vigilance), Sambalpur in the criminal trial under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 and Section 477-A of the Indian Penal Code in T.R. Case No.10 of 1992. He also submitted that the date of birth of the Petitioner was 10.03.1946 and got retired from the service on attaining the age of superannuation on 31.03.2004.

7. At this stage, by way of filing this petition, the petitioner claims for regularization and release of his retiral benefit, i.e., pension, gratuity and other benefits.

8. It seems that the Petitioner has filed representation dated 23.02.2016 at Annexure-4.

9. Since this matter is of the year, 2016 & no one is there to pursue this matter; this Court is not inclined to grant adjournment. Accordingly, the writ petition stands dismissed for non- prosecution.

(M.S. RAMAN) JUDGE Laxmikant

Signed by: LAXMIKANT MOHAPATRA Designation: SENIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 30-Nov-2023 10:29:42