Duryodhan Meher And vs State Of Odisha And
2023 Latest Caselaw 10905 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.(C) No.27647 of 2023

        Duryodhan Meher and
        Others                               ....                    Petitioners
                                                     Mr. S.C.D. Dash, Advocate

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

                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                           ORDER

05.09.2023 Order No.

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

2. At the outset, leaned counsel for the Petitioner contended that this Writ Petition be confined to Petitioner No.1 only. Petitioners may file their individual applications.

3. Heard learned counsel for the parties.

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

<Under the above circumstances, it is humbly prayed that the writ petition may be allowed;

(A) a writ of mandamus or an appropriate writ may be issued commanding the opposite parties to grant the benefit of RACP to the petitioners with effect from 01.01.2006 instead of 01.01.2013 and the differential arrears may // 2 //

be calculated and may be made paid to them keeping in view the order passed by this Hon'ble Court in the case of Hadibandhu Khatua Vs. State of Odisha and Others (WPC(OA) No.2376 of 2015 disposed of on 13.07.2022) and so also keeping in view the judgment of the Hon'ble Apex Court rendered in the case of Union of India and others Vs. Balbir Singh Turn and another (Civil Appeal Diary No.3744 of 2016, disposed of on 08.12.2017 with batch of cases), within a time to be stipulated by this Hon'ble Court.=

5. Learned counsel for the Petitioner submits that through highlighting his grievances, the petitioner has filed a representation vide Annexure-4 to the Writ Petition, but till date nothing has been done in the matter. In such background, he prays that a direction be issued to opposite party No.1 to take a decision on the above noted petition within a specific time period.

6. Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs opposite party No.1 to take a decision on the above noted petition in accordance with law, within a period of three months from the date of production of certified copy of this order and communicate the result of such exercise to the petitioner.

7. The Writ Petition is disposed of accordingly.

(Biraja Prasanna Satapathy) Judge

Basudev

Signature Not Verified Digitally Signed Signed by: BASUDEV SWAIN Reason: Authentication of order Location: High Court of Orissa, Cuttack Date: 05-Sep-2023 17:57:20