Kirttan Bihari Mahanta vs State Of Odisha And
2023 Latest Caselaw 13329 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.(C) No.35161 of 2023

        Kirttan Bihari Mahanta              ....                   Petitioner
                                                      Mr. S. Samal, Advocate

                                         -versus-
        State of Odisha and
        Others                              ....              Opposite Parties
                                                               State Counsel

                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                           ORDER

30.10.2023 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: -

<Under the aforesaid facts and circumstances the petitioner humbly prays that this Hon'ble Court may graciously be pleased to issue a writ of Mandamus directing the Opp. Parties to release the pension and pensionary benefits in the light of the judgment reported in 2015 (II) ILR-CUT-94 (Sarat Chandra Parida -Vrs- State of Odisha)=

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 his claim, if any, within a period three weeks hence.

// 2 //

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

Signature Not Verified Digitally Signed Signed by: BASUDEV SWAIN Designation: Senior Stenographer Reason: Authentication of order Location: High Court of Orissa, Cuttack Date: 31-Oct-2023 14:46:26