Orissa High Court
Rabindra Nath Sahoo vs State Of Odisha And Others .... Opp. ... on 8 January, 2024
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.41999 of 2023
Rabindra Nath Sahoo .... Petitioner
Mr. Ambuja Bandhu Parida, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr.Saswat Das, A.G.A.
Mr. S.K. Patra,
Standing Counsel appearing for
Accountant General (A&E), Odisha
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 08.01.2024
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 for the State-Opposite Parties.
3. The present writ petition has been filed by the Petitioner
with the following prayers:-
"In view of the above facts and circumstances,
it is humbly prayed that this Hon'ble Court
graciously be pleased to admit this Writ Petition,
issue notice on Opposite Parties and after hearing to
the parties issue a writ in nature of mandamus or
any other appropriate writ by directing the Opposite
Parties to release the pension, pensionary benefit
and gratuity in favour of the Petitioner within a
stipulated period of time after its calculation;
And to treat the Petitioner's service as regular
after the immediate completion of five years service
// 2 //
in Work Charged Establishment;
And any other arrear pension and pensionary
benefits are so admissible under the law be released
in his favour within the time stipulation so given by
this Hon'ble Court;
And may pass such other order/orders,
direction/directions as this Hon'ble Court deems
just and proper for bona fide interest of justice."
4. In course of hearing of the Writ Petition, learned counsel for
the Petitioner submits that the Petitioner ventilating his grievance has
submitted representation before the Principal Secretary, Housing and
Urban Development Department, Opposite Party No.1 under
Annexure-5 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.4 to consider the representation of
the Petitioner under Annexure-5 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.4, 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 Petition is disposed of at the stage of admission with a
direction to the Opposite Party no.4 to consider the representation of
the Petitioner under Annexure-5 series in accordance with law taking
into account judgment of the Hon'ble Supreme Court in SLP
No.22498 of 2012 within a period of eight weeks from the date of
production of certified copy of this order. The Opposite Party No.4
shall do well to dispose of the representation of the Petitioner under
// 3 //
Annexure-5 series by passing a speaking and reasoned order. The
decision taken on the representation of the Petitioner be
communicated to the Petitioner within two weeks from the date of
taking such decision.
7. With the aforesaid observation, the writ application stands
disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra)
Judge
RKS
Location: High Court of Orissa
