Orissa High Court
Adait Charan Bhol vs State Of Odisha And Another on 9 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.31751 of 2023
Adait Charan Bhol .... Petitioner
Mr. K.K. Swain, Advocate
-versus-
State of Odisha and another .... Opposite Parties
Mr.N.K.Praharaj,A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 09.10.2023
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 Government Advocate.
3. The Petitioner has filed the present writ application with the
following prayer:
" Under the above circumstances, it is humbly prayed
that the writ petition may be allowed;
And
(A) a writ of mandamus or an appropriate writ may be
issued commanding the opposite parties to grant final
pension and gratuity in favour of the petitioner in terms of
Rule 50 of the Odisha Civil Services (Pension) Rules, 1992
and interest on the delayed payment of gratuity may be
paid at the rate of 18% per annum to the petitioner keeping
in view the judgment of the Hon'ble Apex Court rendered
in the case of M/s Goetze (India) Ltd. Vs. Employees State
Insurance Corporation reported in AIR 2008 SC 3122, in
the case of H.Gangahanume Gowda Vs. Karnataka Agro
Industries Corporation Ltd. reported in AIR 2003 SC
1526, in the case of Vijay L.Mehrotra Vs. State of U.P. &
others reported in 2000(2) SLR 686 and by this Hon'ble
// 2 //
Court in the case of Bishnu Charan Biswal Vs. Secretary,
Management Committee, Paradeep Port Trust,
Jagatsinghpur and another reported in 2023 (I) ILR CUT
1200, within a time to be stipulated by this Hon'ble Court;
(B) And any other order/orders or direction/ directions
may be issued so as to give complete relief to the
petitioner;"
4. In course of hearing of the writ application, learned counsel for
the Petitioner submits that the Petitioner ventilating his grievance has
submitted representation before the Director, Panchayati Raj and
Drinking Water Department, Odisha, Khordha, Opposite Party No.2
under Annexure-12 series. It is also submitted by the learned counsel
for the Petitioner that the said representation is pending as of now. It
is also submitted by the learned counsel for the Petitioner that a
direction be issued to the Opposite Party No.2 to consider the
representation of the Petitioner under Annexure-12 series within a
stipulated period of time.
5. Learned Additional Government Advocate submits that he has
no objection if the representation of the Petitioner is considered by
the Opposite Party No.2, which is stated to be pending, in accordance
with law within a stipulated period of time.
6. Considering the limited nature of grievance of the Petitioner,
the writ application is disposed of at the stage of admission with a
direction to the Opposite Party No.2 to consider the representation of
the Petitioner under Annexure-12 series within a period of eight
weeks from the date of production of certified copy of this order. The
Opposite Party No.2 shall do well to dispose of the representation of
the Petitioner under Annexure-12 series by passing a speaking and
reasoned order. The final decision so taken by the Opposite Party
No.2 be also communicated to the Petitioner within two weeks
thereafter. Further, it is directed that the Disciplinary proceeding is
// 3 //
pending and every endeavour shall be made by the Disciplinary
Authority to conclude the Disciplinary Proceeding within a period of
two months from the date of communication of the certified copy of
this order.
7. With the aforesaid observation, the writ application stands
disposed of.
8. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
Signature Not Verified
Digitally Signed
Signed by: ANIL KUMAR SAHOO
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 13-Oct-2023 17:45:01
